Among those contesting the Will were Thomas Murima Mutaha, a businessman and director of Plover Haunt Ltd, which claimed a stake in an Upper Hill property, and Ms. Agness Kagure, who argued that she purchased a parcel of land in Karen from Robson in 2011. Both claimed the Will was not genuine
By TWV Team
The High Court has upheld the validity of a Will authored by a British national who died nearly 13 years ago, resolving a contentious legal battle over his multi-million Kenyan shilling estate and dismissing rival claims from several parties.
Justice Hillary Chemitei ruled that the Will, prepared by the late Roger Bryan Robson in 1997, was lawfully executed, witnessed, and drafted by a qualified advocate, effectively putting to rest allegations that it was a forgery.
Robson, who died on 8 August 2012, had named lawyer Guy Spencer Elms and Sean Battye as executors of his estate in a Will dated 24 March 1997. Battye later renounced his role after relocating overseas, leaving Elms to carry out the deceased’s final wishes.
Among those contesting the Will were Thomas Murima Mutaha, a businessman and director of Plover Haunt Ltd, which claimed a stake in an Upper Hill property, and Ms. Agness Kagure, who argued that she purchased a parcel of land in Karen from Robson in 2011. Both claimed the Will was not genuine.
In a strongly worded ruling, Chemitei dismissed the forgery claims. “There is no evidence to suggest that the deceased was under any pressure or coercion. It appears he voluntarily visited his lawyer and expressed his intentions clearly,” the judge said.
The court also found no indication that Elms stood to gain personally from the Will, observing that he was acting solely in Robson’s interest. Robson died childless and had instructed that his assets be liquidated, with the proceeds shared between his nephew and local environmental charities.
On claims that the Will lacked a detailed list of Robson’s properties, the judge noted that this was insufficient to invalidate the document. “If any properties were left out, they can be handled as intestate assets. That alone cannot nullify a valid Will,” he added.
Chemitei cast doubt on the credibility of documents presented by Mutaha, particularly those relating to share transfers in Plover Haunt Ltd. Mutaha alleged he had acquired the disputed land from Robson, but under cross-examination, he admitted there was no written sale agreement and that the property was allegedly transferred to him without payment.
Michael Fairfax Robson, the deceased’s brother, testified virtually and denied any knowledge of Mutaha. He also confirmed a strained relationship with his late brother, Roger, which led to his return to the UK.
Elms defended his role as executor, telling the court that although he once faced criminal charges over the Will’s authenticity, the matter was withdrawn. He further testified that Michael Robson had transferred his shares in Plover Haunt Ltd to himself and his wife and had then formed a subsidiary company, Plover Haunt (2015) Ltd.
Elms explained that the contested property was under a bank charge, preventing any valid transfer during Robson’s lifetime.
The judge directed that ownership disputes involving three contested parcels be handled by the Environment and Land Court. “The matters raised are contractual in nature and unrelated to inheritance. The land court is best placed to resolve them,” Chemitei ruled.
Kagure maintains that she purchased the Karen land from Robson in 2011 for KSh100 million, a claim now set to face scrutiny at the land court.
In a related case, Timothy Wangai Mwathe and Frendrich Pietz had also laid claim to another piece of Robson’s land. In October 2024, the court revoked Mwathe’s title and ordered him to pay KSh7 million to the estate and to Elms for trespass.
