Nairobi, Kenya – A Nairobi court has declined an application by the Directorate of Public Prosecutions (DPP) seeking to withdraw criminal charges against prominent British lawyer Guy Spencer Elms in a high-stakes inheritance case.
Senior Principal Magistrate Ben Mark Ekhubi, in a ruling delivered on Wednesday, September 24, 2025, directed that Spencer plead to the charges on October 7, despite the DPP’s bid to terminate the matter under Section 87(a) of the Criminal Procedure Code.
The lawyer is accused of forging the will of the late British billionaire Roger Bryan Robson, involving a Karen estate valued at Sh100 million. Spencer had failed to appear in court for plea taking earlier, prompting a warrant of arrest. He later presented himself before Magistrate Ekhubi on August 11.
The DPP argued that a High Court judgment delivered on June 19, 2025, by Justice Chemitei had validated the contested will, rendering the criminal charges moot.
“Our application is premised on Article 157(6) and (11) of the Constitution and relevant provisions of the ODPP Act. The decision to drop the charges is informed by a judgment which declared the will valid and lawfully witnessed,” the prosecution told the court.
Spencer’s lawyer, Davis Osiemo, supported the application, pointing out that the High Court had dismissed the objections raised by complainant Agnes Kagure with costs.
However, Kagure’s lawyer, Kiraithe Wandugi, opposed the withdrawal, citing a pattern of similar cases being abandoned.
“There was another criminal case earlier pending at Nairobi City Court, and the DPP withdrew the same while Kagure was testifying in the dock,” Wandugi argued, urging the magistrate to allow the trial to proceed.
The magistrate subsequently ordered that Spencer answer to the charges next month. His warrant of arrest was lifted, and he was released on a personal bond of Sh50,000.
The ruling sets the stage for a fresh courtroom showdown in a case that has drawn intense public interest due to the involvement of high-value property, claims of forgery, and political intrigue.
