Businesswoman and politician Agnes Kagure Kariuki has received some relief after a Nairobi High Court declined an application by the Directorate of Public Prosecutions (DPP) seeking to withdraw criminal charges against prominent British lawyer Guy Spencer Elms.
The DPP’s application came after lawyer Spencer presented himself before Magistrate Ekhubi for plea taking on August 11, 2025.
However, in his ruling on September 24, 2025, Milimani Senior Principal Magistrate Ben Mark Ekhubi declined the application and directed the lawyer to plead to the criminal charges against him on October 7, 2025.
Justice Martin Muya, in his judgement on January 27, 2026, has stated that learned trial magistrate Ekhubi did not err in his ruling while declining the DPP’s application, and neither did he misinterpret the provisions of section 193A of the Criminal Procedure Code.
Further, Justice Muya has stated that he has not seen any good reason to tamper with the decision by the lower court that declined the DPP’s withdrawal.
“I therefore find no good reason to interfere with the decision of the learnt 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,” Judge Muya ruled.
The State had filed a charge sheet on June 20, 2025, initiating the intention to charge the lawyer Spencer with two counts, that is, of making a fake document contrary to Section 374 (d) (1) as read with Section 349 and demanding property upon forgery of a testamentary instrument contrary to Section 349 and demanding property upon forgery of a testamentary instrument contrary to Section 358 as read with Section 349 of the penal code.
The DPP also stated that each of the four charges was founded on the basis of a will dated March 24, 1997, at the time purportedly having been written by Roger Bryan Robson (deceased).
Judge Muya has directed that the original file be placed before the Milimani Chief Magistrate for directions on February 18, 2026.
