•The witness confirmed that Roger remained in possession of the land and that he would neither have sold nor entered into any agreement to sell it.
•The hearing will continue on November 30.
Image: FILE
A brother to a deceased Kenyan of British descent, Roger Robson, has denied claims that Sh600 million disputed property in Karen was sold to politician Agnes Kagure.
Michael Robson told Justice Maureen Odero that his brother- Roger - had owned and lived at Ushirika Road until he was taken to Nairobi West Hospital by Jackson Mulinge on August 5, 2012.
“I disagree that Kagure took over the property when my brother died. My brother was still in possession of the asset in 2012,” he said.
Michael said he is aware that Kagure is laying claim on No95 Ushirika Road on the basis that she purports to have purchased it from Rogers in November 2011 and that she has been in possession since then.
He said Rogers wrote a letter to him on March 31, 2011. There was no indication that he was considering selling the property.
“Roger had informed me on several occasions over some years before his death that fraudsters were attempting to steal his residence by making false claims of ownership but he was being assisted to strenuously resist these fraudulent claims,” Michael said.
The witness confirmed that Roger remained in possession of the land and that he would neither have sold nor entered into any agreement to sell it.
Michael was testifying virtually from the United Kingdom in a case in which British born lawyer Guy Spencer Elm has been accused of forging Rogers (his client’s)will.
Kagure has been laying claim to the said land.
She alleges to have bought the disputed piece of land from Roger for Sh100 million in 2011 and later accused Spencer of planning to transfer the property to himself and dispose of it.
She accused Elms of forging Roger's will. The will was signed on March 24, 1997.
Michael said he was in a position to confirm his brother’s signature.
When asked if he was an expert in handwriting, the witness said he was not but knew his brother’s signature.
Michael told the court he is not a beneficiary of the will and that his relationship with his brother was difficult.
He further mentioned to the court that Plovers’ Haunt limited has always been owned by his family and at no point has it been managed by one Thomas Mutaha or Peter Gaitho.
The two claim to be directors of the company.
But the witness said his late brother would never have entered willingly into any agreement to sell or transfer Plovers’ Huant Limited or any of the assets during his lifetime.
“There was a provision in the Memorandum of Articles for the company that any transfer of shares would be to somebody of European descent only. The provision is found in clause 9 of the MOA,” he said.
The hearing will continue on November 30.
Edited by Kiilu Damaris