DPP attempts another withdrawal of land case against lawyer Guy Spencer
The Directorate of Public Prosecutions (DPP) has once again made an application to withdraw criminal charges against prominent British lawyer Guy Spencer Elms.
Lawyer Spencer is in court after businesswoman and politician Agnes Kagure Kariuki sued him over a British billionaire’s will in a Ksh100 million Karen land dispute.
You might also like
Appearing before Milimani Principal Magistrate Carolyne Nyaguthii Mugo on Wednesday, February 18, 2026, State Counsel Victor Owiti informed the court that the DPP do not intend to lead any witnesses in the case.
Counsel Owiti told the court that the DPP cannot be forced to proceed with criminal proceedings by a victim.
“The DPP has categorically said, ‘We don’t want to prosecute.’ I do not know whether this court will be the one leading witnesses, or Mr Wandugi. The DPP does not intend to lead any witnesses,” State Counsel Owiti told the court.
“That the DPP cannot be forced to proceed with criminal proceedings by a victim and that even a decision that a victim was not consulted in a withdrawal does not itself force the DPP to proceed,” Owiti told the court.
“This is different from where criminal proceedings would have been instituted, and they were ongoing, and the DPP intends to withdraw where this court should give us consent,” Owiti added.
In addition, the DPP averred that this particular case is different from where criminal proceedings would have been instituted and they were ongoing, and the DPP intends to withdraw where the court should give them consent to do so.
“The DPP says before a plea is taken, which is the initiation of criminal proceedings, that we don’t intend to proceed. I think it would be judicial overreach to insist that we must proceed,” Counsel Owiti added.
However, Kagure’s legal team, led by lawyer Kiraithe Wandugi, told the court that a victim has certain rights to address the court on matters of plea and proceeding.
He stated that the DPP have clearly stated that they are not ready to proceed despite the High Court directing Spencer to plead to the charges.
Wandugi stated that the DPP should not hide behind a doctor’s letter that was presented to court by Spencer’s lawyer indicating he was unwell and could not avail himself for plea taking.
“Mr Owiti now says they don’t wish to proceed. Those are things we can address in the court, but we don’t need to disguise it by a letter like this from a very respected doctor,” lawyer Wandugi told the court.
Further, Kagure’s lawyer stated that it is a direct disobedience of an order of the High Court for DPP to say that they cannot proceed with the plea taking of the matter.
“We are ready to take our own options; it’s on the record I have never heard something like that being said: we can’t, we won’t obey the orders of the High Court.
The fresh application comes as Justice Martin Muya, in a judgement delivered on January 27, 2026, declined to set aside orders issued by Principal Magistrate Ben Mark Ekhubi directing Spencer to take a plea.
While declining the DPP’s application, Judge Muya stated that Ekhubi did not err in his ruling while declining the DPP’s application, and neither did he misinterpret the provisions of section 193A of the Criminal Procedure Code.
Further, he stated that he did not see any good reason to tamper with the decision by the lower court that declined the DPP’s withdrawal.
“I therefore find no good reason to interfere with the decision of the learned trial magistrate to disallow the application for withdrawal of the charges. The stay orders granted to the applicant are hereby vacated, as the appeal has no merit,” Judge Muya ruled.
