The High Court has settled a long-standing legal dispute involving the estate of the late British national Roger Bryan Robson, nearly 13 years after his death. In a ruling that may set precedent in handling contested wills, Justice Hillary Chemitei upheld the validity of Robson’s 1997 will, quashing allegations of forgery and fraud while affirming the role of lawyer Guy Spencer Elms as the legitimate executor of the estate.
Robson, who passed away in August 2012 without children, had directed that his wealth be liquidated and shared between his nephew and local environmental charities. The will, authored on March 24, 1997, named Elms and Sean Battye as co-executors. Battye, having relocated abroad, relinquished his role, leaving Elms to execute Robson’s final wishes.
Two key challengers, businessman Thomas Murima Mutaha and Agnes Kagure, had moved to court claiming the will was invalid. Mutaha, a director at Plovers Haunt Ltd, alleged he had acquired land from Robson without a written agreement or proof of payment. Kagure argued that she purchased a parcel of land in Karen for Ksh. 100 million in 2011. Both parties claimed the will was forged.
However, Justice Chemitei dismissed these claims, stating that the will was “properly executed, witnessed, and drawn by a qualified advocate,” and that no evidence of coercion or undue influence had been presented. The judge also found no motive for Elms to benefit from the estate, emphasizing his neutral role.
Ownership disputes regarding three contested properties have now been referred to the Environment and Land Court, where further scrutiny, including Kagure’s 2011 land purchase claim, is expected. In a related matter, Timothy Wangai Mwathe was ordered to pay Ksh 7 million for trespassing on Robson’s land, further reinforcing the court’s defense of the will’s validity.
