BY SAM ALFAN.
A city lawyer who allegedly forged the will of a businessman is likely to face criminal charges after the High Court dismissed a petition challenging his arrest and prosecution.
Deceased businessman alleging to be authored by a law firm to discharge his legal mandate and duties as the personal representative of an estate, will face charges after the high court dismissed his petition to stop his arrest.
Guy Spencer Elms is accused of forging a will of Roger Bryan Robson, the deceased, and the prosecution found enough evidence to arrest and prosecute him for the offence.
It is also alleged that he forged a power of attorney to manage the estate.
The director of criminal investigations DCI in November last year through the office Director of Public Prosecution directed that the lawyer be prosecuted.
In November 2016, Spencer moved to the high Court to obtain an injunction to stop his arrest.
Spencer in his application had asked the court to restrain the DPP and DCI from harassing, intimidating, threatening and arresting, detain or charging him on charges of the will of Robson.
He had told court that on March 24, 1997, the deceased appointed him and one Sean Battye as his executors which he maintained that it was even said in the will.
Spencer said upon the death of Robson on August 8, 2012, he was appointed the personal representative of his estate and a grant of probate of written will which was issued in October 2013.
“However after around a year, some fraudulent claimants surfaced and started laying claim into the deceased’s properties”, Spencer told court.
He added that some even went ahead and took physical possession of the property by demolishing the structures that he had caused to be erected.
The DPP however alleged that Spencer forged the will of Robson on the power of attorney.
In the judgment delivered by Justice George Odunga he said,” In the circumstances of this case it would be in the interest of the applicants, the respondents, the complaints, litigants and public that the criminal prosecution be heard and determined quickly in order to know the truth, giving the applicants the chance to clear their names”.
