Court rejects DPP bid to drop forgery case against British lawyer
A Nairobi court has declined an application by the Directorate of Public Prosecutions (DPP) seeking to withdraw criminal charges against prominent British lawyer Guy Spencer Elms.
In a ruling delivered by Senior Principal Magistrate Ben Mark Ekhubi on Wednesday, September 24, 2025, the court directed the lawyer to plead to the criminal charges against him on October 7, 2025.
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The DPP’s application came after lawyer Spencer presented himself before Magistrate Ekhubi for plea taking on August 11, 2025.
This followed the issuance of a warrant of arrest against the lawyer after he failed to appear in court for plea taking over the alleged forgery of a British billionaire’s will involving a Ksh100 million Karen estate.
In a turn of events, the DPP objected to him answering to the criminal charges and instead sought to terminate them under Section 87(a) of the Criminal Procedure Code (CPC).
“Your Honour, we are seeking to withdraw charges against lawyer Spencer, and our application is premised on a recent High Court judgment that validated the contested will,” the prosecution told the court.
Additionally, the prosecution noted that they were no longer interested in pursuing the matter any further.
“Our application is premised on Article 157(6) and (11) of the Constitution and relevant sections of the ODPP Act. The decision to drop the charges is informed by a judgment by Justice Chemitei on June 19, 2025, which validated the will that is the subject matter of the criminal charges before this court,” the prosecution told the court.
The DPP informed the court that Justice Chemitei, in his ruling on June 19, 2025, declared that the will by the late British national, Roger Bryan Robson, dated March 24, 1997, was valid and had been lawfully witnessed by a qualified lawyer.
Further, they noted that Justice Chemitei had also dismissed allegations of forgery raised by several parties, including businesswoman and politician Agnes Kagure, who is the complainant in the criminal case against the British lawyer.
The DPP’s application was supported by Spencer’s advocate, Davis Osiemo, who noted that the High Court had found the objection by the businesswoman lacked merit.
“You will notice that the High Court found that the objection by the businesswoman lacked merit, and the same was dismissed with costs that have not yet been settled to date,” lawyer Osiemo told the court.
However, the DPP’s withdrawal application was strongly rejected by businesswoman Kagure’s lawyer, Kiraithe Wandugi.
Lawyer Wandugi raised concerns about a pattern of withdrawals in similar matters, telling the court of a previous criminal case involving Spencer which had also been dropped.
“There was another criminal case earlier pending at Nairobi City Court, and the DPP withdrew the same while Kagure was testifying in the dock,” lawyer Wandugi told the court.
Lawyer Spencer’s warrant of arrest was lifted, and he is out on a personal bond of Ksh50,000.
