ROBBING THE DEAD :THE STORY OF KENYA’S BIGGEST AND MOST COMPLEX PROPERTY DISPUTE

By Kenyan Report Contributor –

THE STORY OF KENYA’S BIGGEST AND MOST COMPLEX PROPERTY DISPUTE

Guy Spencer Elms, the lawyer at the centre of the 100-million-shilling property dispute in Karen.

Damning revelations have emerged regarding the intrigues surrounding the vast estate of the late Roger Bryan Robson, a Kenyan citizen of British decent who passed away in 2012.

At the centre of the complex web of claims for the high-value properties are lawyer Guy Spencer Elms and his wife Fiona Jane Elms who in local legal circles are revered as having tight monopoly in representing mostly expatriate interests.

The story of the late Roger Bryan Robson is one shrouded in a cloud of mystery.  He was born in 1945 as the first of only two sons (the other being Michael Fairfax) to the late Roger Bryan Junior and Betty Fairfax. Upon the parent’s demise, Roger Bryan lived a solitary life with no known family after his only brother, Michael Fairfax, chose to relocate permanently to his native England.

The few who know Roger Bryan well paint a picture of a man who largely kept to himself and an avid nature lover who’s only known close associate was a local landscaper known as Tom Mutaha.

His former aides aver that he was a hard-to-please man and one who held on to grudges going by the severed relationship he had with his only surviving brother, Michael Fairfax. This is evidenced by his stated desire to his aides that in the event of his demise his brother was not to inherit him, but rather that the entire of his estate would to go towards the benefit of local environmental conservation.

Was the property charged as alleged? Documents show Habib Bank lawyer Am Khan gave Roger Bryan Robson documents.

Exit Roger Bryan and enter Mr and Mrs. Elms and the epic struggle for the former’s hundreds of millions begins. Armed with a supposed Will of the deceased, Guy Spencer Elms rushes to the High Court seeking administrative powers submitting that the Will had explicitly appointed him as sole executor.

There are glaring inconsistencies and serious loopholes in the supposed Will.

Expeditiously, Guy Spencer and his wife Fiona set out to consolidate and transfer unto themselves all known assets left behind by Roger Bryan. With the supposed Will backing their claims, the two were able to liquidate the deceased’s shares and stocks portfolio running into several hundred million shillings.

However, as has been challenged in subsequent Court proceedings arising from the claims on the estate by Guy Spencer and his wife, it is emerging that the supposed Will was a clever and convenient work of forgery.

Our investigations have revealed glaring inconsistencies and serious loopholes in the supposed Will. Most importantly, the said will was never registered as is procedurally required under Kenyan law. Furthermore, it has been confirmed in court testimony given under oath by associates of Guy Spencer, that indeed Guy was the author of the Will that apparently granted him executorial powers, raising serious doubts on the validity of such practice.

Guy Spencer’s police statement, which is in court.

Conspicuously, the Will presented by Guy Spencer states that the deceased wish was to be interred upon death. This is starkly at odds with the late dedicated environmentalist express desire, as has been testified and as was honored by close aides, for his remains to be cremated.

In what has proven to be Guy Spencer and wife Fiona Achilles’s heel in their wider scheme to pilfer Roger’s estate, their claim on a parcel of land owned by the deceased’s close friend, one Thomas Mutaha, has brought to fore very  fundamental questions on the claims  by the couple.

The parcel of land in question is currently registered under Plovers Haunt Ltd, a company that previously was the property of Roger Bryan before he transferred all of his ownership to Tom Mutaha, after the late bequeathed the land to his close friend.

In their pursuit of their claim on the said land, Guy Spencer and his wife irregularly attempted to alter in their favor the Company Registrar shareholder and directorship records of Plovers Haunt but Tom Mutaha successfully fought of the attempts.

Undeterred however, the couple went ahead and registered a copy company, Plovers Haunt 2015 Ltd, in a desperate bid to disenfranchise Tom Mutaha off his rightful property.

Previously, their attempt to invalidate the original title of the land that was handed to Mutaha by his late friend placed a fictitious claim that the land was still charged to a mortgage facility and consequently sought to procure an invalid discharge (re-conveyance) of mortgage document dated 2016 as the title of the land.

 

Our investigations have, however, revealed that the only mortgage charge to the said land was dully discharged in 1993 upon full payment of the loan facility and the lender, Habib Bank, released the original title to Roger Bryan Robson. The same title that he handed to the current rightful owner, Thomas Mutaha, in 2010.

Further, a closer scrutiny into the said reconveyance held by Guy Spencer has shockingly revealed obvious invalidity on account that the same was not dully registered with the Ministry of Lands and was executed violation of the original title deed as required in law.

Notwithstanding, Guy Spencer lacked the loci standi to execute the supposed re-conveyance as such would have been in contravention of High Court orders for the preservation of the late Roger Bryan estate pending determination of all dispute matters pertaining to the estate.

The only mortgage charge to the land was discharged in 1993 upon payment of the loan facility and Habib Bank released the original title to Roger Bryan Robson.

While Guy Spencer and his wife Fiona Jane Elms purport to act purely in the interest of the fulfillment of the dying wishes of Roger Bryan, simple scrutiny of their efforts betray nothing but a spirited effort to self-aggrandize from the vast estate.

Sensational claims that they intend to liquidate the estate and donate the proceeds towards wildlife conservation and the Beyond Zero campaign as per the deceased’s directives is diversionary tact that seeks to earn their pursuits sympathy and support. One wonders how the late Roger learnt of Beyond Zero, which was initiated after his demise. Also the hundreds of millions of shillings of the proceeds from their sale of the deceased shares and stocks remain unaccounted for.

The highly discrete couple of learned friends have in the past silently managed to unlawfully benefit from properties left behind under similar circumstances as is in the case of the Roger Bryan estate.

Has their day of reckoning finally come? It’s a matter of time.

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