By M&M Reporter
A case involving city lawyer was today dismissed following applications made by the Director of Public Prosecutions (DPP) office to withdraw noting the evidence provided was unsatisfactory following a review of the case.
Magistrate Joseline Ongayo dismissed the criminal charges against lawyer Guy Spencer Elms stating that the prosecution was within its right to withdraw the charges.
Elms was charged in 2017 by the then Director of Public Prosecutions (DPP) office headed by Mr. Keriako Tobiko with five counts of forgery including forging a Will of his client the late Roger Bryan Robson and power of attorney which allowed him to act on behalf of his client for all transactions.
The office of the DPP office applied for withdrawal on grounds that the evidence was not sufficient to incriminate Elms and for that there was no case. They further explained they were acting under Article 157(10) and (11) of the Constitution which allows the DPP to review a case at any stage.
Agnes Kagure Kariuki, one of the candidates listed for the deputy Governor position who has been mentioned in attempts to grab the land and who had filed the complaint with Department of Criminal Investigations opposed the application by the DPP.
In her submissions through her lawyer, Kagure said the DPP had not consulted her before filing his application to withdraw the suit.
But the Magistrate ruled that article 157 section 6c empowers the DPP to discontinue criminal proceedings at any stage before judgement is delivered in any criminal proceeding
Kagure had filed the forgery claims against Elms claiming the deceased sold the Karen land to her in 2011 before he died, in a deal which she claims to have paid Sh100 million in cash.
Prior to his charge, Elms had on two occasions pleaded with Justice Odunga to stop the Director of Criminal Investigations Department (DCID) and the DPP from arresting and prosecuting him till there was sufficient evidence. He however lost the bid and the judge instructed he would have to prove his innocence in a criminal court.
He explained to the court that Robson drafted his Will in March 1997 and had appointed him as the executor and issued him with a power of attorney for the Will in January, 2010. According to the lawyer, who is a partner at Raffman Dhanji Elms & Virdee Advocates, Robson had inherited two properties from his parents located in Karen and Upper Hill and estimated to be worth over Sh500 million. In his Will, Robson instructed that his estates should be sold and proceeds shared between his nephew and charitable institutions in Kenya that focus on environmental conservation, education and wildlife.
Kagure claimed Elms was lying to the court and that he was planning to transfer the property to himself and dispose it.
Claims that did not make sense bearing in mind Elms is not listed among the beneficiaries in the Will and the fact that all lawyers who drew up and acted as witnesses of the Will and the power of attorney have sworn affidavits confirming their genuineness.