Court upholds Briton’s will as fight for his property rages

Mr Robson’s property has been subject to court cases with various parties including a prominent businesswoman Agnes Kagure, claiming one of the properties in Karen.

The Briton, who died on August 8, 2012, wrote the will on March 24, 1997, and appointed lawyers Guy Spencer Elms and Sean Battye as executors and trustees of his estate.

Mr Thomas Murima Mutaha, the proprietor of Plovers Haunt Ltd- which claims to own one of the properties in Upper Hill, and Ms Kagure, who claimed property in Karen, challenged the Will, saying it was a forgery.

“Neither do I find any evidence to suggest any pressure or coercion applied against the deceased (Mr Robson) when he made the Will. It appears that he simply walked into his counsels’ chambers and gave direction on his intention to make a Will. The parties including the respondent (Elms) went ahead to work on it and the relevant parties witnessed,” said the judge.

The judge said there was nothing to show that Mr Elms benefitted from the estate, save for safeguarding interests of Robson, who was childless.

Mr Elms had allegedly indicated that the properties were to be sold, and the proceeds shared between his nephew and charitable institutions in Kenya, which focus on environmental conservation.

Justice Chemitei said the fact that Robson did not include specific properties in the Will did not make it invalid.

“If in the long run there are some which were left then they shall be administered as intestate and therefore it cannot be a ground for invalidating a Will,” said the judge.

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The judge said the conveyancing instruments presented by Mr Mutaha were all questionable including the shares issue.

Mr Mutaha claimed that he purchased the land parcel, which contained some structures, which were illegally demolished.

He said that he complained to the Directorate of Criminal Investigations (DCI) as well as the Director of Public Prosecutions (DPP) concerning Mr Elms who claimed to have the will.

Mr Mutaha, testified that he was a director of Plovers Haunt Ltd and that Robson was his family friend as he knew his brother who was in the UK as well as his mother.

When cross-examined, he said Robson transferred the property to him without any sale agreement and that he gave him for free.

Mr Michael Fairfax Robson, a brother to Robson testified online, giving a chronology of family history and that he had fallen out with his brother and left for the UK. He denied knowing Mr Mutaha.

Mr Elms maintained that Robson never transferred the property to anyone.

He told the court that he was charged with forging the will, but the case was later withdrawn.

He testified that Robson’s brother transferred his shares in the Plover Haunt Company to himself and his wife and they went ahead to register another company known as Plover Haunt (2015) Limited which was a subsidiary of Plover Haunt Limited.

According to the lawyer, the property was still charged to a bank and there was no way the same could be sold and or transferred.

Justice Chemitei said the issue on the three contested properties should be handled by the Environment and Land court.

“The evidence presented would be more valuable at the land court considering that it has nothing to do with inheritance but pure contracts,” said the judge.

Ms Kagure claims to have bought the land in Karen from Mr Robson in 2011 before he died, for Sh100 million.

Another property was claimed by Mr Timothy Wangai Mwathe and Frendrich Pietz, but the court had in October last year, ordered the revocation of his title deed.

Mr Wangai was also ordered to pay the estate and Mr Guy Sh7 million as damages for trespass.

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