British lawyer granted reprieve as High Court suspends forgery charges in Sh100 million Karen land case
British lawyer Guy Elms Spencer has secured a reprieve after the High Court suspended his scheduled plea-taking in a Sh100 million Karen land forgery case.
Justice Martin Muya issued the interim order barring the prosecution from charging Spencer with forgery until October 13, 2025, when his review application will be heard.
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Spencer moved to the High Court after Milimani Senior Principal Magistrate Benmark Ekhubi rejected a request by Director of Public Prosecutions (DPP) Renson Ingonga to withdraw the charges.
The DPP had sought to terminate the case, but the magistrate ruled that the withdrawal could not proceed since the complainant had not been consulted.
In his High Court application, Spencer argues that the magistrate's decision was legally flawed, irrational, and contrary to established precedent.
He claims the trial court relied on irrelevant considerations and ignored material facts, including a High Court judgment that had already cleared him of similar forgery allegations.
The lawyer said the magistrate's ruling failed to take into account a June 19, 2025, decision in Milimani HCF P&A No. 955 of 2023, where the High Court dismissed similar claims by the complainant and upheld the validity of the will at the centre of the dispute.
According to Spencer, forcing him to plead to the same forgery charges would amount to double jeopardy and violate his right to a fair trial under Articles 27 and 50(1) and (2) of the Constitution.
"The magistrate's decision requiring me to plead to charges relating to the alleged forgery of a will—despite acknowledging that doing so would amount to sitting in appeal over a High Court judgment that already dismissed similar claims—was a clear misdirection of the law and a miscarriage of justice," Spencer told Justice Muya.
Magistrate Ekhubi had earlier directed Spencer to proceed with plea-taking, noting that it was the second time the DPP had sought to withdraw or discontinue the charges. He questioned the consistency of the DPP's position, citing the need for proper consultation with investigators and victims before withdrawing cases, in line with the Guidelines on the Decision to Charge (2019).
Ekhubi further held that the existence of a civil or succession dispute does not bar criminal proceedings, insisting that both processes can run concurrently.
The High Court will hear Spencer's review application on October 13, 2025.
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