A Nairobi court has rejected an application by the Directorate of Public Prosecutions (DPP) to drop criminal charges against British lawyer Guy Spencer Elms in a forgery case. The charges relate to the alleged forging of a British billionaire’s will concerning a Ksh100 million estate in Karen. The decision was delivered by Senior Principal Magistrate Ben Mark Ekhubi on September 24, 2025.
The case revolves around a forged will allegedly prepared by Spencer, which was contested by businesswoman Agnes Kagure, the complainant in the case. The DPP’s request to withdraw the charges followed a High Court ruling in June 2025, in which Justice Chemitei validated the will in question. The High Court decision declared that the will, dated March 24, 1997, was legitimate and had been appropriately witnessed by a qualified lawyer. Furthermore, the High Court dismissed the forgery allegations raised by Kagure, stating they lacked merit.
Despite the DPP’s request, which was based on the High Court’s ruling, the court refused to grant the application. In its ruling, the court directed that Spencer should plead to the charges on October 7, 2025. The DPP had argued that, in light of the High Court ruling, there was no need to pursue the criminal case further, citing constitutional provisions and the ODPP Act.
Spencer’s lawyer, Davis Osiemo, supported the DPP’s application, emphasizing that the High Court had dismissed the allegations made by Kagure, pointing out that the objection to the will had been found to have no merit. Osiemo also highlighted that the court had awarded costs to Spencer, which Kagure had not yet settled.
However, Kagure’s lawyer, Kiraithe Wandugi, objected to the DPP’s application, expressing concerns about what he viewed as a troubling pattern of case withdrawals. Wandugi pointed to a previous incident where another criminal case involving Spencer had been dropped by the DPP while Kagure was testifying. He argued that this was an attempt to undermine the pursuit of justice.
Spencer, who had previously faced a warrant of arrest for failing to attend court, is now out on a personal bond of Ksh50,000. The case will continue, with the next hearing scheduled for October 7, 2025.
