- He said he knew Nyanjwa’s techniques and style of preparing reports including his handwriting and signatures both short form and long-form.
- Kagure moved to court claiming to have bought the Karen property on November 18, 2011.
Image: FILE
A forensic examiner has confirmed in court that lawyer Guy Elms Spencer never forged the will of the late Roger Robson in a disputed Sh500million Karen land.
Jacob Oduor, a documents forensic examiner currently working with the EACC appeared before the High Court to testify.
He testified that he previously worked with the late Antipas Nyanjwa, former deputy director, Investigations & Forensic services at the National Land Commission (NLC) and was Kenya’s foremost forensic expert who had prepared a forensics report on the disputed will.
He said he knew Nyanjwa’s techniques and style of preparing reports including his handwriting and signatures both short form and long-form.
Oduor was testifying in a case where former Nairobi governor aspirant Agnes Kagure claimed she had bought the property from Robson at Sh100 million and has sued Elms of forging signatures in a will.
Elms is the executor of a will involving the properties of his client— Robson, who died on August 8, 2012, aged 71.
Odour said he reviewed all the documents and after reviewing the reports, his findings tallied with Nyanjwa’s findings which confirmed that Elms is a victim as there was no forgery committed by him.
“As a competent, qualified and an admitted forensic document examiner, I have subjected the Police Forensic Document Examiner’s report used in the criminal complaint against Mr Guy Elms to peer review as per the professional procedures ,"an excerpt from the report reads.
"I also carried an independent forensic analysis of the documents he is alleged to have forged and in my opinion I find no forgery committed by Guy Elms.
“I find no motivation for Mr Elms to forge Robson's signature on his probate documents just to donate to the charities. Mr Guy is not a beneficiary in any way from the will he is being accused of forging."
On cross-examination by Michael Osundwa, Kagure’s lawyer questioned Oduor on how he obtained the reports he examined.
He was further questioned on the similarity of signatures on various affidavits sworn to the court. Osundwa also wanted to know the aim of the witness' review.
Oduor in his response said the had obtained and reviewed the documents in Nyanjwa’s report himself and the aim of the review was to find out if all the documents listed in the reports were there, the methodology used, format and the legitimacy of the signatures in the documents.
He further said that he had reviewed reports prepared for Kagure and he found discrepancies in the findings in her reports.
However, Oduor disclosed allegations of being undermined by Osundwa.
He said that the counsel has been writing letters to his bosses about the testimony he is giving in the ongoing case to pressurise him.
Osundwa didn’t deny he had raised complaints, saying that the issues raised emanated from his client, Kagure.
Justice Maureen Odero came to the defence of the witness saying he shouldn’t be threatened for giving his testimony and further instructed Osundwa to advise his client.
The case will be heard on January 16, 2023.
Elms has been battling the case against Kagure over two parcels of land located in Karen and Upper Hill for more than eight years.
It is said that Archer and Wilcock law firm drew up the will for Robson in 1997 with clear instructions to sell his estate and share the proceeds between charitable institutions in Kenya that focus on environmental conservation and Robson's nephew based in the UK.
Kagure moved to court claiming to have bought the Karen property on November 18, 2011.
She accused Elms of forging documents in his efforts to transfer ownership of the mentioned properties to himself, yet Elms says he is not a beneficiary under the will.