Court upholds decision blocking withdrawal of forgery case linked to Robson Estate

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The High Court in Nairobi has dismissed an application by the Director of Public Prosecutions (DPP) seeking to withdraw criminal charges against Guy Spencer Elms, ruling that the trial magistrate acted correctly in refusing to terminate the case.

In a ruling delivered on January 27, 2026, Justice Martin Muya found that the DPP could not unilaterally discontinue the proceedings without considering the rights of the complainant, Agnes Kagure Kariuki, as provided for under the Victims Protection Act.

Guy Spencer Elms during his plea taking in Milimani magistrate court/Photo/file

The DPP had moved to the High Court to revise an earlier decision by Milimani Chief Magistrate Ben Mark Ekhubi, who declined to allow the withdrawal of charges relating to alleged forgery and obtaining property through a purportedly false will of the late Roger Bryan Robson.

Prosecutors argued that the basis of the criminal case had been overtaken by events after the High Court, in a separate succession matter before Justice Chemitai, declared the contested 1997 will valid. 

The DPP maintained that this finding undermined the foundation of the forgery charges and justified discontinuing the prosecution.

However, Justice Muya held that the succession ruling did not conclusively determine whether any criminal offence had been committed and therefore did not automatically extinguish the charges.

The judge further emphasized that victims have a constitutional right to participation in criminal proceedings.

“The attempt to withdraw the charges smacks of a deliberate attempt to sideline the complainant,” the court observed, noting that the dispute touches on property rights and must be handled transparently and with due regard to all parties.

The court reaffirmed that while Article 157 of the Constitution guarantees the independence of the DPP, that power is not absolute and must be exercised within the framework of the law, including safeguards under Section 20 of the Victims Protection Act.

Justice Muya consequently dismissed the application for revision for lack of merit, vacated interim stay orders that had paused the trial, and directed that the case file be returned to the Chief Magistrate’s Court at Milimani for further directions.

The ruling means the criminal proceedings against Elms will now continue before the trial court, where the allegations surrounding the contested will are expected to be fully heard and determined.

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