Lawyer says late Briton never sold land at centre of dispute

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The High Court has allowed a State agency to seize 12 vehicles suspected to be proceeds of crime. PHOTO | SHUTTERSTOCK

A city lawyer has testified that a Briton who died in 2012 never sold his multimillion shilling property in Karen and Upper Hill that is at the centre of a dispute by other persons including politician Agnes Kagure.

Appearing before High Court judge Maureen Odera, lawyer Guy Elms said his client Roger Bryan Robson never planned to sell the property worth Sh600 million in Karen, which is being claimed by Ms Kagure.

He said he still holds original titles to the properties including documentation on the parcels dating back to 1912. Mr Robson died on August 8, 2012, aged 71.

Mr Elms said before he died, Mr Robson had in January 2010 appointed him as an executor of his will, which he drafted in 1997.

Mr Robson later issued him with a power of attorney, because he trusted him.

“The deceased had no wife or children. His only brother, Michael Robson came over when the deceased died and I met him several times. He lives in England and can confirm that his brother still owned the property at the time of his death,” Mr Elms told the court.

Ms Kagure filed the case in 2013 accusing Mr Elms of forging Robson’s will and the power of attorney and trying to transfer the property, known as Plovers’ Hunt, to himself.

She maintains that she bought the property in 2011 for Sh100 million.

Mr Elms said he was first given instructions by Robson sometime in 2005 and 2006 for him to establish a public trust for the benefit of the local community.

He said Robson indicated that the two properties should be sold and the proceeds shared between charitable institutions in Kenya, which focus on environmental conservation and his English nephew based in the UK.

The lawyer said the property in Upper Hill had six flats, which Mr Robson used to collect rent but they were demolished by trespassers, who claim ownership.

A criminal case against Mr Elms was withdrawn by the Director of Public Prosecutions (DPP) Noordin Haji in March 2019 due to the lack of evidence.

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