Nairobi: The High Court has upheld the validity of a will written by a Briton who died nearly 13 years ago.

In a ruling dated June 19, 2025, seen by , Justice Hillary Chemitei said the will, prepared by the late Roger Bryan Robson in 1997, was legally executed, properly witnessed by two people, and drafted by a qualified advocate.

Robson passed away on August 8, 2012, and since then, there has been a long-standing court battle over his properties, which had attracted competing claims, including one from businesswoman Agnes Kagure.

Court documents indicate that the Briton, in the will dated March 24, 1997, appointed lawyer Guy Spencer Elms and Sean Battye as executors and trustees of his estate.

The will was challenged by Thomas Murima Mutaha, proprietor of Plovers Haunt Ltd—which claims ownership of a property in Upper Hill—and Kagure, who claimed ownership of land in Karen. Both argued that the will was a forgery.

But Justice Chemitei dismissed those claims, finding no evidence of forgery or undue influence in the drafting of the document.

"Neither do I find any evidence to suggest any pressure or coercion applied against the deceased (Robson) when he made the will. It appears that he simply walked into his counsel’s chambers and gave direction on his intention to make a will. The parties, including the respondent (Elms), went ahead to work on it, and the relevant parties witnessed,” the judge said.

The court also noted that Elms did not benefit personally from the estate and was merely safeguarding Robson’s interests, as he had no children.

According to Elms, Robson intended for his properties to be sold and the proceeds shared between his nephew and Kenyan charities focused on environmental conservation.

The court further noted that the will's failure to list specific properties did not invalidate it.

“If there are some which were left out, then they shall be administered as intestate. Therefore, it cannot be a ground for invalidating a Will,” the judge said in the ruling.

The court also found issues with the conveyancing documents presented by Mutaha, describing them as questionable, particularly those relating to share ownership.

Mutaha claimed to have bought the land, which had some structures that were later demolished. He said he had reported Elms to both the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP), accusing him of forging the will.

He testified that he was a director of Plovers Haunt Ltd and that Robson was a family friend, as he knew his brother in the UK and his mother. However, during cross-examination, Mutaha admitted that there was no sale agreement and that Robson had allegedly transferred the land to him for free.

On the other hand, Michael Fairfax Robson, the late Robson’s brother, testified virtually and said he had fallen out with his brother and returned to the UK. He denied ever knowing Mutaha. Elms maintained that Robson never transferred any property to anyone. He told the court that although he was at one point charged with forging the will, the case was later withdrawn.

He also testified that Michael Robson had transferred his shares in Plovers Haunt Ltd to himself and his wife and went on to register a new company—Plover Haunt (2015) Limited—as a subsidiary of the original company.

According to Elms, the property in question was still charged to a bank, making any legal sale or transfer impossible.

Justice Chemitei directed that disputes over three contested properties be heard by the Environment and Land Court.

“The evidence presented would be more valuable at the land court, considering that it has nothing to do with inheritance but pure contracts,” the judge ruled.

Kagure claimed to have purchased the Karen land from Robson in 2011, a year before his death, for KSh 100 million.

Another property was claimed by Timothy Wangai Mwathe and Frendrich Pietz. However, in October last year, the court revoked Mwathe’s title deed and ordered him to pay KSh 7 million to the estate and to Elms for trespass.

Previously, reported that the High Court had thrown out a petition that sought to stop Metropol from continuing to operate as a Credit Reference Bureau (CRB).

The company had been accused of regulatory violations, including data mishandling.

But in a ruling delivered by Justice Lawrence Mugambi, the court said the evidence provided did not meet the required threshold.

Source: TUKO.co.ke