High Court Upholds Decision Rejecting DPP’s Bid to Withdraw Charges Against British Lawyer

The High Court has upheld a lower court decision declining an attempt by the Director of Public Prosecutions (DPP) to withdraw criminal charges against British lawyer Guy Spencer Elms.

In a judgment delivered on January 27, 2026, Justice Martin Muya ruled that Milimani Senior Principal Magistrate Ben Mark Ekhubi did not err in rejecting the prosecution’s application to discontinue the case.

The judge found no misinterpretation of Section 193A of the Criminal Procedure Code and declined to interfere with the magistrate’s decision.

“I therefore find no good reason to interfere with the decision of the learned trial magistrate to disallow the application for withdrawal of the charges. The stay orders granted to the applicant are hereby vacated, as the appeal has no merit,” Justice Muya ruled.

The decision clears the way for criminal proceedings against Elms to continue before the magistrate’s court.

The charges stem from allegations that Elms forged key documents relating to the estate of the late Roger Bryan Robson, including a will dated March 24, 1997, and a power of attorney. The prosecution alleges that the lawyer made and uttered false documents purporting them to be genuine instruments signed by the deceased.

According to the charge sheet filed on June 20, 2025, Elms faces multiple counts, including making a false document contrary to Section 374(d)(1) as read with Section 349 of the Penal Code, uttering a false document, and demanding property upon forgery of a testamentary instrument contrary to Section 358 as read with Section 349.

The State contends that the offences relate to a will allegedly authored by Robson in March 1997 and to actions taken in subsequent succession proceedings, including the filing of documents in High Court Succession Cause No. 955 of 2013 with intent to obtain property.

Elms previously denied similar charges before Milimani Chief Magistrate Francis Andayi and was released on a bond of Sh500,000 or a cash bail of Sh400,000.

The DPP had sought to terminate the prosecution after the lawyer presented himself before court for plea taking on August 11, 2025, arguing that circumstances warranted withdrawal. However, in a ruling delivered on September 24, 2025, Magistrate Ekhubi rejected the request and directed that the accused proceed to plead to the charges.

Justice Muya has directed that the original file be placed before the Milimani Chief Magistrate for further directions on February 18, 2026.