High Court upholds Briton’s Will in Sh100 million Karen land dispute involving politician Agnes Kagure

The High Court has declared a Will authored by the late British national, Roger Bryan Robson, as legally valid, closing a decade-long succession battle over his prime estate in Nairobi’s Karen suburb.

Justice Hillary Chemitei found that the Will—dated March 24, 1997—was lawfully drafted and witnessed by a qualified advocate. The decision ends claims of forgery raised by multiple parties, including businesswoman and politician Agnes Kagure.

Robson passed away on August 8, 2012, having appointed lawyer Guy Spencer Elms and Sean Battye as co-executors of his estate. Battye would later step aside from the role after relocating abroad, leaving Elms solely responsible for executing the Will.

Legal battle over Karen land

Two key challengers, businessman Thomas Murima Mutaha and Agnes Kagure, questioned the authenticity of the Will.

Mutaha, a director at Plovers Haunt Ltd, claimed a stake in a disputed Upper Hill plot, while Kagure argued that she lawfully bought a parcel in Karen from Robson in 2011. Both alleged the Will was a forgery.

However, Justice Chemitei dismissed those arguments, stating that there was “no shred of evidence” to suggest Robson was manipulated or coerced when he signed the document.

"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.

Will favours nephew and charities

Robson, who died without children, had instructed that his wealth be liquidated and shared between his nephew and several local environmental charities. The court noted that although the Will did not list all of Robson’s assets in detail, this did not invalidate its legality.

"If any properties were left out, they can be handled as intestate assets. That alone cannot nullify a valid Will," he said.

He further questioned the credibility of documentation submitted by Mutaha, particularly those relating to the alleged transfer of shares in Plovers Haunt Ltd.

Claims of sale without written agreement

During proceedings, Mutaha admitted there was no signed agreement for the Karen land he claimed to have acquired from Robson. He also confessed that no payment was made for the transfer of the property.

Michael Fairfax Robson, the deceased’s brother, testified via video link from the UK, stating he had no knowledge of Mutaha and had been estranged from his brother for years.

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Meanwhile, Elms defended his execution of the Will, telling the court that although he was previously charged over its authenticity, the charges were later dropped. He revealed that Michael Robson had at one point transferred shares in Plovers Haunt Ltd to himself and his wife, subsequently creating a related firm named Plover Haunt (2015) Ltd.

Elms also clarified that the Karen property remained under a bank charge during Robson’s lifetime, making any alleged transfer legally impossible.

Land court to handle property disputes

Justice Chemitei ruled that the ownership issues involving three properties at the heart of the dispute fall outside the scope of succession law and should be resolved by the Environment and Land Court.

Kagure, who insists she paid Sh100 million for the Karen land in 2011, is expected to pursue her claim further before the Land court.

In a separate but related case, Timothy Wangai Mwathe and Frendrich Pietz had also laid claim to another portion of Robson’s land.

That claim was dismissed in October 2024, when the court cancelled Mwathe’s title deed and ordered him to pay Sh7 million to Robson’s estate and to Elms for unlawful occupation.