- She accused Elms of forging documents in his efforts to transfer ownership of the mentioned properties to himself.
- When asked about how the properties are related, Elms said that the two properties are conjoined and can only be sold together.
Image: FILE
Nairobi lawyer Guy Elms Spencer has denied allegations of forging a will in a Sh500 million land case pitting him against politician Agnes Kagure.
Elms told High Court judge Maureen Odero that he is the executor of a will involving the properties of Rodger Byram Robson who died in 2012.
Robson was Elms's client before he died on August 8, 2012, aged 71.
Kagure moved to court claiming to have bought the Karen property from Roger Robson in 2011 for Sh100 million in cash before he died.
She accused Elms of forging documents in his efforts to transfer ownership of the mentioned properties to himself.
The will indicates that Robson wanted the two properties including another land in Upper Hill sold and the proceeds shared between charitable institutions in Kenya that focus on environmental conservation and his nephew based in the UK.
Elms said Robson was suffering from health complications and as a result, appointed him in January 2010 as an executor of his will that had been drafted in 1997 and consequently issued him with a power of attorney, because he trusted him.
"Archer and Wilcock advocates drafted the will according to the client's instructions as at the time I was a junior counsel at the firm," Elms told the court.
"The parties who were engaged in the preparation of the will have already signed affidavits and even testified in court confirming their participation and the witnesses to the will had confirmed that they saw him sign."
Elms been battling attacks over the two parcels of land for more than eight years.
On cross-examination, Elms was asked about how the remains of Robson were cremated while in the will he had stated that he would wish to be buried.
He admitted failure to honour the deceased wishes as indicated in the will because Robson’s brother, Michael Robson arranged for the remains to be cremated before he was alerted about the death.
Elms was further questioned on the ownership of the two properties and if he has the original titles in his possession.
He said he has all the documentation from 1912, except one that was stolen from one of the properties during a raid by unknown persons.
When asked about how the properties are related, Elms said that the two properties are conjoined and can only be sold together.
When asked about the authenticity and origin of the Power of Attorney, the lawyer raised questions on the timelines of registering the POA considering that it had two stamps with different dates.
Elms noted that when the POA first came back from the Lands office, it had been stamped and booked in for registration.
However, when it was presented to the insurer, who had requested it on behalf of their client(Robson) to enable him to continue his dealings with the insurance company which had become strenuous due to his ailing health, it was realised that the IP number had been omitted. It was resubmitted for correction, hence the second stamp and date.
The hearing continues on March 21.