Court Ruling Leaves Agnes Kagure Exposed in Sh600M Land Fraud Targeting Foreigners

High Court verdict exposes sophisticated scheme to defraud estate of deceased British national

A damning High Court ruling has exposed businesswoman Agnes Kagure in an alleged Sh600 million land fraud scheme targeting the estate of a deceased British national, raising serious questions about the vulnerability of foreign property owners in Kenya.

Justice Hillary Chemitei’s comprehensive judgment not only dismissed Kagure’s succession claim to prime Karen property formerly owned by the late Roger Bryan Robson but also revealed what appears to be a coordinated attempt to dispossess foreigners of valuable real estate through fraudulent means.

The case, which has been dragging through the courts since Robson’s death in 2012, centered on a 1997 will that designated the multi-million shilling Karen property—strategically located near Ngong Forest—for donation to Kenya Wildlife Service, Kenya Forest Service, and an education charity. Robson had appointed lawyer Guy Spencer Elms as executor of his estate.

Web of Fraudulent Claims

What emerged during the protracted legal battle was a sophisticated fraud network involving multiple parties making competing claims to the same property. Kagure alleged she had purchased the land for cash a year before Robson’s death, while co-claimant Prover Haunt Limited, through director Thomas Mutaha, claimed the property had been gifted to them by Robson as a family friend.

The court heard disturbing testimony about signature inconsistencies and document forgeries.

Chief Inspector Susan Wanjiru testified that signatures on the will appeared to be from different individuals, while DCI officer John Muinde alleged further inconsistencies in the documentation.

Perhaps most revealing was the testimony of Cyrus Ngatia, who identified himself as Deputy Solicitor General and former Registrar of Companies, disputing signatures on company registration documents and denying knowledge of key individuals in the case.

Pattern of Targeting Foreign Estates

The Robson case appears to represent a disturbing pattern of targeting foreign nationals’ estates.

The sophisticated nature of the alleged fraud—involving forged documents, false witnesses, and coordinated legal challenges—suggests an organized operation designed to exploit the complexity of Kenya’s succession laws.

Justice Chemitei’s finding that there was no evidence Robson had been coerced or mentally unfit when writing his will directly contradicted claims by Kagure and her associates.

The judge noted that the original will was properly executed, signed on all pages by the deceased, witnessed by two persons, and drafted by an advocate.

Law Enforcement Complicity Alleged

In a separate but related judgment, Justice Lucy Njuguna made the explosive allegation that police were “actively aiding fraudsters” in attempts to dispossess Spencer of the land.

This raises serious concerns about potential corruption within law enforcement agencies that may be facilitating such fraudulent schemes.

The case also revealed that Mutaha had been previously charged in 2016 in connection with the same property, suggesting a pattern of repeated attempts to fraudulently acquire the land through different legal channels.

Implications for Foreign Investors

The Kagure case highlights critical vulnerabilities in Kenya’s property protection framework, particularly for foreign nationals and their estates.

The ability of fraudsters to mount sustained legal challenges using forged documents and false testimony represents a significant threat to investor confidence.

The sophisticated nature of the alleged fraud—involving multiple shell companies, coordinated witness testimony, and exploitation of succession law complexities—suggests that foreign property owners may be systematically targeted by organized criminal networks.

While Spencer ultimately prevailed, with the court ordering Kagure and Haunt to pay his legal costs, the case exposes serious systemic weaknesses.

The fact that such elaborate fraud schemes can proceed through the courts for over a decade raises questions about document verification processes and the adequacy of penalties for those who abuse the legal system.

The ruling serves as a crucial precedent in protecting foreign estates from fraudulent acquisition attempts, but it also highlights the urgent need for stronger safeguards and more severe consequences for those who engage in such sophisticated property fraud schemes.

As Kenya continues to court foreign investment, the Kagure case serves as a stark reminder that robust legal protections for foreign property owners are not just a matter of individual justice, but essential for maintaining the country’s reputation as a safe destination for international investment.

The case remains a cautionary tale about the lengths to which some will go to fraudulently acquire valuable property, and the critical importance of vigilant legal representation in protecting the estates of deceased foreign nationals from predatory schemes.​​​​​​​​​​​​​​​​