BY NT CRIME CORRESPONDENT.
The Director of Public Prosecution has applied to withdraw a criminal case against a lawyer facing charges of forging a Will in connection to a prime land in Karen estate.
Prosecutor Lilian Obuyo said that he has new evidence including a document from National Land Commission in which he want to rely on as the investigations to the case starts afresh.
The complainant Ann Kagure who was ready to testify in the case and testify was stood down after the prosecution said they wanted to withdraw the case.
The prosecution said that following the arraignment of the accused Guy Elms in court they have since received new evidence from the persons who were supposed to record statements.
“The statements were to be the root cause of this case and we also need to review what is in the file,”said prosecutor
She added that to avoid abuse of court process,they are requesting the matter to be withdrawn pending a comprehensive investigations because they have received a couple of documents that will be used in the matter.
The prosecutor said that they were basing their case on Document Examination report but they have now received some other documents from the National Land Commission which are contradictory to what document examiner had said.
The Magistrate granted leave to Mr. Osiemo to file an affidavit showing when the documents were shared and also set a hearing date of July 19, 2018.
On September last year, lawyer Guy Spencer Elms has pleaded not guilty to five counts.
He is accused of forging a will in the sale of 500 million shillings piece of land in Karen.Spencer was arraigned before Nairobi Chief Magistrate Francis Andayi.
According to the charge sheet presented before court, it is alleged that on or before 24th March 1997 at an unknown place in Nairobi within Nairobi County with intent to defraud, made a false document namely a will dated 24th March 1997 purporting it to be a genuine will signed by the late Roger Bryan Robson.
He faces four other counts among them uttering a power of attorney document to Corporal Samuel Kamau purporting it to be a genuine power signed by the late Robson.
Roger Bryan Robson died in the year 2012 and left a will with the accused who was his lawyer.He was released on a cash bail of 400 million shillings.
The lawyer lost a bid to block his prosecution over the alleged forgery of a deceased will in the sale of a 500 million Shillings five-acre piece of prime land in Nairobi’s Karen area.
High Court dismissed a petition challenging his arrest and prosecution.
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 the 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 the 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”.
