A senior advocate of the High Court of Kenya came under intense scrutiny during proceedings over the ownership of a multibillion-shilling property located in Karen.
The lawyer, Guy Spencer Elm, was challenged over his claim that he is the sole executor and representative of the estate of the late Rodger Bryan Robson, who died in 2012.
During cross-examination before Justice Lilian Kimani, Spencer struggled to explain how he obtained the alleged will of the deceased, which forms the basis of his claim over the disputed properties.
Counsel Conrad Maloba, appearing for Nairobi politician Agnes Kagure, told the court that his client lawfully purchased the contested property from the deceased before the ownership dispute emerged.
The court heard that Spencer allegedly declined to provide copies of the will, title deed, and other key documents to the Directorate of Criminal Investigations (DCI) following a complaint lodged by Kagure.
Maloba urged the court to find that the documents being relied upon by Spencer were forged, arguing that the advocate had failed to produce sufficient evidence proving he had been entrusted with management of the estate.
He further submitted that neither the will nor the title documents had been authenticated by the relevant authorities as required under the law.
“You claim to hold the original documents of the suit properties. Have you availed them to the relevant authorities for authentication?” Maloba asked during cross-examination.
“No,” Spencer responded.
When questioned on why he had failed to present the documents to the DCI for verification, Spencer told the court that he lacked confidence in investigators.
“I do not have faith in investigators. I was the sole executor of the properties, considering the will of the deceased,” he said.
In his witness statement, Spencer insists that he is the rightful executor and representative of the late Robson’s estate under a will dated March 24, 1997. He claims to still possess the original documents relating to the disputed properties, identified as Land Reference Numbers 2327/10 and 2327/117.
He has accused Kagure of fraudulently taking possession of the properties and commencing construction of a perimeter wall while presenting herself as the lawful owner.
However, Maloba informed the court that Kagure has never been charged with any criminal offence related to the disputed land. He noted that Spencer himself was charged on September 7, 2017, with several offences including forgery, uttering forged documents, and demanding property using alleged forged testamentary instruments.
The matter was adjourned to October 21 and 27, 2026, for further hearing as the court continues to unravel the ownership dispute surrounding the high-value Karen properties.
