Witness in Karen land case dents lawyer’s defence

The Nairobi High Court was shocked on Wednesday when the witness of controversial city lawyer Guy Spencer Elms accused of forging a wi*l to acquire pr*me land in the city’s Karen area confirmed that Spencer was indeed the author of the disputed doc*ment.

Advocate Ann Mwalulu, a partner at Archer & Wilc**k Advocates, made the revelations in court after being pressed by the respondent’s lawyer, Mike Osundwa. She said by the time the wi*l was drawn she was no longer working at the law firm.

“I vividly recalled that in early 2005, Guy sent a driver to pick the disputed wi*l from our law firm,” said Mr Mwalulu.

When she was gri*led on whether there was inventory or any doc*ment showing that the driver took the crucial doc*ment, she revealed that the driver carted away the whole file and the law firm was not left with any doc*ments.

She said they were never given instructions by the late Roger Brian to release the file and was not aw*re the estate was to be distributed.

The wi*l is at the core of a land parcel that has been entangled in ownership dispute with Mr Spencer claiming he took charge of the property following the d***h of Mr Roger Byran Robson.

He argues the land and its t*tle instruments were pa*sed to him by Robson in a wi*l dated March 24, 1997.

Robson, who di*d on August 8, 2012, is alleged to have authorised the sale of property and directed that the proceeds be used to support needy children and in environmental conservation. Spencer wants the court to declare him the rightful owner of the land.

But it has emerged that the lawyer may have forged doc*ments, including the wi*l, to claim ownership. Guy Spencer was charged with several counts of f*****y after he lost a bid to stop his p*********n at the high court. He is accused of forging Mr Roger Robson wi*l who di*d in 2012.

Another witness, Ma Khan of M.A. Khan Advocates, told the court that he issued the doc*ment to the deceased contrary to Spencer’s a*********s that the said doc*ments were held by the bank.

According to the statements recorded by the police, he said he retrieved them from the deceased cabinet in the house, including original t*tle from the locker.

On further reexamination by Spencer’s lawyer, Khan confirmed a mortgage cannot subst*tute a t*tle as earlier alleged by Spencer. The c*********r to preserve the estates was issued to Plover Haunts Limited.

Ma also confirmed releasing doc*ments to the deceased as earlier alleged, which are held by Habib Bank.