Tag: Roger Bryan Robson

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

    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
    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.

  • Going After The Dead Foreigners’ Land: Singer Ringtone and Politician Agnes Kagure’s Disturbing Parallels

    Going After The Dead Foreigners’ Land: Singer Ringtone and Politician Agnes Kagure’s Disturbing Parallels

    In Nairobi’s upscale neighborhoods of Karen and Runda, a troubling pattern has emerged involving prime properties once owned by deceased foreigners. At the center of multiple high-profile disputes are two notable Kenyan personalities: gospel musician Alex Apoko, known as Ringtone, and Nairobi politician Agnes Kagure.

    Both have become entangled in remarkably similar controversies—laying claim to valuable properties shortly after the deaths of their foreign owners, raising serious questions about Kenya’s property rights protections.

    The systematic targeting of deceased foreigners’ estates

    Court records reveal striking similarities in how both Ringtone and Kagure have attempted to acquire properties worth millions of dollars.

    In both cases, they’ve claimed to have purchased the properties from elderly foreign owners shortly before their deaths, presenting documentation that experts have later questioned as potentially fraudulent.

    “This appears to be a calculated pattern targeting vulnerable elderly expatriates with valuable land holdings and limited local family connections,” says property lawyer Martin Ochieng, who specializes in estate litigation.

    “Once the original owner dies, suddenly these powerful individuals emerge with purported sales agreements that the deceased’s representatives know nothing about.”

    Gospel artist Ringtone, who rose from street life to musical fame, now faces criminal charges for allegedly defrauding Teresiah Adhiambo Odhiambo of land worth Sh50 million in Runda.

    Court documents show Ringtone claimed adverse possession, asserting he had lived on the property since 2001 a claim investigators found questionable after reviewing land registry records showing Ms. Odhiambo had legally purchased the property in 2000 and built a house there in 2009.

    This isn’t Ringtone’s first such dispute.

    In 2023, he was charged with malicious damage to property and assault after a confrontation with a South Sudanese family over a Karen property registered to their late father, Kongkong Paulino Matip.

    Perhaps most notably, in 2021, Ringtone became involved in a legal battle over a Runda property belonging to deceased Swedish national Mona Ingegard Bjorklund, who died in 2007.

    Despite a contested will being on record, Ringtone claimed Bjorklund had “rescued him from the streets” and allowed him to live on her property for over 20 years.

    In another incident in 2016, Ringtone attempted to evict a family from a Runda home that had belonged to a deceased foreigner, claiming he had been paying rent and living there for two years—while the family maintained they had lived there for 35 years.

    Kagure’s Sh600 million Karen land battle

    Agnes Kagure.
    Agnes Kagure.

    Meanwhile, Agnes Kagure, who unsuccessfully contested the Nairobi gubernatorial seat in 2022, is fighting her own legal battle over prime Karen land worth Sh600 million, formerly owned by British businessman Roger Bryan Robson, who died in 2012.

    Kagure claims she purchased the property from Robson for Sh100 million in cash a year before his death in 2011.

    However, lawyer Guy Spencer Elms, who was named executor in Robson’s will dated March 24, 1997, has contested this claim.

    Robson’s will intended to leave his properties to wildlife charities and a nephew in England.

    The dispute intensified when Kagure filed court papers in October 2017 seeking to revoke Elms’ grant of probate, claiming the will was fraudulent.

    She presented a sale agreement and transfer conveyance deed dated November 18, 2011.

    In a dramatic twist, Elms reported to police that Kagure had fraudulently obtained transfer documents.

    After forensic investigations, Elms himself was arrested and prosecuted in 2017 for allegedly forging the will—charges that were later dismissed in March 2019.

    Additional witness testimony has further complicated Kagure’s claims.

    Robson’s brother, Michael Fairfax, testified from the UK that Robson never sold the land to Kagure and was still living on the property when he died in August 2012.

    Another witness stated that Robson’s signature on Kagure’s sale agreement did not match authentic examples and noted that the photo on the conveyance documents wasn’t even of Robson.

    A British Lawyer’s Nightmare

    The case involving Kagure has had particularly serious consequences for British lawyer Guy Elms.

    According to UK media reports, Elms has been “shot at, held at gunpoint and threatened with prison” since attempting to execute Robson’s will.

    Despite obtaining a court order in July 2015 instructing Kagure to vacate Robson’s house, the property reportedly remained occupied as police failed to enforce the order.

    A forensic analysis by Kenya’s National Land Commission in March 2015 found that Robson’s estate had been targeted by “fraudsters working for influential people in the government” and “criminal goons enjoying political and police protection.”

    The commission’s deputy director of investigations described the 2011 conveyance presented by Kagure as an “outright forgery.”

    Troubling Connections

    Investigations have revealed potential political connections that may explain the prolonged disputes.

    Phone records obtained during Elms’ trial reportedly showed that Kagure exchanged over 49 text messages and calls with then-Governor of Nairobi Mike Sonko during the court proceedings in 2017.

    Her nomination for deputy governorship was later shelved when these land dispute cases gained wider attention.

    Legal experts point out that both Ringtone and Kagure appear to target similar victims—elderly foreigners with limited family connections in Kenya but substantial property holdings in upscale neighborhoods.

    “I suspect the reason they targeted Roger’s land was that he was white, a recluse, and did not have any obvious relatives in the area,” Elms told British media. “I think this is not the first time it’s happened. I think some elderly whites are regarded as vulnerable and they are targeted to see what they can get away with.”

    These cases highlight significant concerns about property rights protection in Kenya, particularly for foreign nationals and their estates.

    They also raise questions about potential corruption within land registration systems and law enforcement agencies.

    “When foreigners die in Kenya, their properties become extremely vulnerable,” says Catherine Mumbi, a property rights advocate. “The combination of slow-moving courts, potential corruption, and determined land cartels creates a perfect storm that can overwhelm even the most carefully drafted wills.”

    Both the Ringtone and Kagure cases remain ongoing in Kenyan courts, with hearings often delayed and proceedings moving at a glacial pace. For now, the disputed properties remain in limbo, as do the charitable intentions of their deceased owners.