Blow To Lawyer Elms Spencer As Court Directs To Take Plea In Sh100M Karen Land Fraud

Senior Principal Magistrate rejects DPP’s withdrawal bid as British lawyer faces five criminal charges over disputed will

British lawyer Guy Spencer Elms suffered a major legal setback yesterday when a Nairobi court rejected the Director of Public Prosecutions’ attempt to withdraw fraud charges against him, ordering him to take plea on October 7 in a case involving a disputed Sh100 million Karen property.

Senior Principal Magistrate Ben Mark Ekhubi dismissed the DPP’s application to discontinue the matter, ruling that the long-running case must proceed to trial despite prosecution claims of insufficient evidence.

The decision marks a dramatic turn in the contentious legal battle that has stretched over several years, centering on allegations that Spencer forged the will of late British businessman Roger Bryan Robson to fraudulently claim valuable real estate.

Five Criminal Charges

Spencer faces a litany of charges under the Penal Code, including making a false document, uttering forged documents, and demanding property through fraudulent means.

The prosecution alleges that on or before March 24, 1997, Spencer created a fake will purporting to be signed by Robson, who died almost 13 years ago. The forged document was allegedly presented to police at DCI headquarters in February 2015, with Spencer claiming it was genuine.

British lawyer Guy Spencer Elms

Court documents reveal Spencer also stands accused of forging a Power of Attorney dated January 24, 2010, in Robson’s name, which he similarly presented to investigators as authentic.

Most significantly, prosecutors claim that on October 30, 2013, Spencer filed the forged will at the High Court to obtain a Grant of Probate in succession case No 935 of 2013, seeking to inherit the deceased’s substantial estate.

Failed Legal Maneuvers

The case has been marked by numerous legal maneuvers and delays.

In August 2025, Magistrate Ekhubi issued an arrest warrant against Spencer after he failed to appear in court, with his lawyers claiming he had traveled to London to attend to a sick child.

The magistrate rejected these explanations, ruling there was no justifiable reason for the accused’s absence.

Wednesday’s court session saw Spencer’s legal team request additional time to file applications challenging the court’s position, arguing their client had consistently complied with court directions and that complainants had no role in dictating plea dates.

DPP’s Failed Withdrawal Bid

The DPP had argued that proceeding with the trial would constitute an abuse of process, citing insufficient evidence to secure a conviction.

Spencer’s defense team initially supported this position, maintaining that the will’s validity had already been contested in separate succession proceedings where Spencer acted merely as executor, not beneficiary.

However, complainants in the matter vehemently opposed the withdrawal application, insisting that the alleged forgery raised serious criminal questions that could only be resolved through a full trial.

Their opposition proved decisive, with Magistrate Ekhubi ruling that the matter must proceed in the interests of justice.

Property Dispute Background

The disputed estate includes prime beachfront property in Msambweni, Kwale County, and has been the subject of intense litigation involving multiple parties claiming ownership.

Court documents indicate that Robson’s death sparked a succession battle, with various parties presenting conflicting claims about the billionaire’s final wishes regarding his substantial property portfolio.

The case has raised serious questions about document authentication and the vulnerability of high-value estates to fraudulent claims, particularly involving foreign nationals’ property in Kenya.

Legal experts suggest the case could set important precedents for handling disputed wills and succession matters involving substantial estates.

The rejection of the DPP’s withdrawal application signals the court’s determination to ensure that serious allegations of document forgery are properly ventilated through trial proceedings, regardless of prosecutorial reservations.

Spencer’s case also highlights ongoing challenges in Kenya’s property registration system and the need for robust verification mechanisms to prevent fraudulent transfers of high-value assets.

With Spencer currently out on a Sh50,000 personal bond, all eyes will be on the October 7 plea session where the British lawyer must formally respond to the charges against him.

The prosecution has confirmed its readiness to proceed, though it indicated it would not object to brief delays if Spencer’s legal team requires additional preparation time.

The case represents one of the most significant property fraud allegations involving a foreign national in Kenya’s recent legal history, with implications extending beyond the immediate parties to broader questions of estate security and document integrity.

As the matter heads to trial, it serves as a stark reminder of the complex legal challenges surrounding high-value property disputes and the lengths some parties may go to secure valuable assets through potentially fraudulent means.

The October 7 proceedings will mark the beginning of what promises to be a closely watched trial that could finally resolve questions that have lingered for over a decade about Robson’s true final wishes and the authenticity of documents presented in his name.