A Nairobi court on Wednesday, March 20, dismissed a criminal case by businesswoman Agnes Kagure against lawyer Guy Spencer Elms.
The former Nairobi deputy governor nominee had accused the lawyer of forging documents making him the sole property owner and will executioner of property worth Ksh500 million.
The case, which has dragged on since 2017, was dismissed on Wednesday by magistrate Joseline Onyango on basis of insufficient evidence to sustain a criminal case.
DPP’s office initial application to have the case withdrawn was challenged by Kagure’s lawyer.
She argued that the DPP had not given sufficient evidence as to why the case should be thrown out.
Guy Spencer’s lawyer, Oscar Litoro, said the end of the criminal matter is clear testimony the petitioner had tried to illegally settle a civil suit through a criminal process.
He also expressed optimism his client shall eventually win the civil matter regarding the same properties.
“With the false accusation of forgery behind us, we are now hopeful the other related matters will be expended with fairly quickly and my client can finally execute the will for which he was rightfully appointed executor,’ stated Litoro after the ruling.
Court documents of the civil case claim Kagure bought them from the original owner Rodger Bryan Robson who died in 1997 at Ksh100 million.
“She forged the deceased’s signatures on the land titles number 2327/10 and 2327/27 claiming to have purchased it at Ksh100 million. The documents she relied on to evict occupants are forgeries and not recognized in law,” reported Guy during court proceedings in 2015.
The court also heard that before he died, Robson appointed Guy Spencer the sole will executioner of the Robson estate.
It is this claim which resulted in the criminal case which has now been thrown out for lack of proper evidence against Guy.
Robson owned two properties in Kenya, in Karen and another in Upper Hill, Nairobi, both estimated to be valued at Ksh500 million.
His wish was for his estate to be sold and proceeds donated to environmental initiatives.
