•Lawyer Kiraithe Wandugi, who was representing Agnes Kagure, however opposed the DPP’s move, saying Kagure was the victim.
• According to Guy Spencer, his client had left clear instructions that his properties should be sold and proceeds shared between his nephew and charitable institutions in Kenya
Image: COLLINS KWEYU
A Sh500m land forgery case involving British born lawyer Guy Spencer Elms was yesterday dismissed by a city court following two applications by the DPP to have it withdrawn.
In the case, the lawyer had been charged with five counts of forgery, but the prosecution wanted it withdrawn on account that the evidence was insufficient.
The DPP had argued that there was a conflicting examiner's report which was to be relied on in the evidence of the case.
During the proceedings, the prosecution explained to the court that according to Article 157(10) and (11) of the Constitution, it was well within DPP’s powers to review the provided evidence for this case saying the office had already given reasons for the same.
They further noted there's no law that bars the prosecution from reviewing a case at any given period and exercising his powers to terminate a case at any stage before judgement.
Lawyer Kiraithe Wandugi, who was representing Agnes Kagure, however opposed the DPP’s move, saying Kagure was the victim in this case.
He further said the DPP doesn't have an open book to commence and disrupt cases arbitrarily and more so in the case where the office had not provided proper reasons for the withdrawal application.
“I find that the action of the DPP was influenced by the information in his office by perusal of the file presented in court before making the applications. He is also not acting arbitrarily as earlier claimed by the complainant’s lawyer Wandugi but is acting within his authority which is constitutionally given,” chief magistrate Joseline Ongayo said during the ruling.
Guy Spencer's charges included forging his client - Roger Bryan Robson's will.
Rosbson died in August 2012.
Power of attorney was given to Elms by Roger in 2010.
The lawyer was charged after Agnes Kagure went to court claiming to have bought Roger’s property in Karen in November 2011.
Kagure said she paid Sh100 million in cash to Roger and that through her lawyer Michael Osundwa Sakwa, executed a formal conveyance with Robson which was registered at the Ministry of Lands.
The same was disputed by a lawyer Mohammed Khan, who told the court that the disputed land in Karen being claimed by Kagure was still on mortgage at the time she bought it.
Khan, a previous advocate for Habib Bank, currently Diamond Trust Bank, told the court that Roger’s properties were still mortgaged to the bank by 2015 and only he would be instructed to prepare any re-conveyance of the mortgage.
He further noted that such a request had not been administered to him.
Seeking to get an appeal against his arrest, Elms pleaded with Justice David Odunga to stop the Director of Criminal Investigations and the DPP from prosecuting him until there was sufficient evidence that he indeed forged the documents as accused.
The judge however instructed that he would have to prove his innocence in court.
According to Elms, his client had left clear instructions that his properties should be sold and proceeds shared between his nephew and charitable institutions in Kenya that focus on environmental conservation, wildlife and education.
Commenting on the case outcome through a statement released to newsrooms, Elms’s legal team said the lawyer has been a subject of attacks both on his person and his character for the last three years.