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Post Reply: High Court Upholds 1997 Will of British Tycoon Roger Robson in Multi-Million Shilling Estate Battle

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on June 23, 2025, 8:04 am</div><div id="pl-6531"  class="panel-layout" ><div id="pg-6531-0"  class="panel-grid panel-no-style" ><div id="pgc-6531-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-6531-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr">The High Court in Nairobi has delivered a landmark ruling in the prolonged legal battle over the estate of British tycoon Roger Bryan Robson, upholding the validity of his 1997 will and dismissing claims of forgery. The decision, announced on June 22, 2025, brings clarity to a contentious dispute involving properties worth millions of shillings, which has been mired in legal challenges since Robson’s death in 2012.</p>
<p dir="ltr">Roger Bryan Robson, a prominent British national who had made Kenya his home, passed away on August 8, 2012. His estate, comprising valuable properties in Nairobi’s upscale Karen area and other assets, became the subject of intense legal wrangling following his death. At the center of the dispute was a will dated March 24, 1997, in which Robson appointed lawyer Guy Spencer Elms and Sean Battye as executors and trustees of his estate.</p>
<p dir="ltr">The 1997 will was contested by multiple parties, including individuals claiming ownership of portions of Robson’s properties. One claimant, Ms. Kagure, asserted that she had purchased a parcel of land in Karen from Robson in 2011, a year before his death, for KSh 100 million. Other claimants, including Mr. Timothy Wangai Mwathe and Frendrich Pietz, also laid claim to parts of the estate. The disputes led to allegations of forgery and questions about the authenticity of the 1997 will, prompting a series of court battles.</p>
<p dir="ltr">Justice Hillary Chemitei, presiding over the case, ruled that the will prepared by Robson in 1997 was duly executed, witnessed by two individuals, and drafted by an advocate, thereby meeting all legal requirements for validity. The court’s decision reaffirmed the authority of the executors, Elms and Battye, to administer the estate according to Robson’s wishes as outlined in the document.</p>
<p dir="ltr">In dismissing claims of forgery, Justice Chemitei emphasized the robustness of the evidence supporting the will’s authenticity. The ruling effectively nullified competing claims that questioned the legitimacy of the 1997 document, providing a significant victory for the estate’s executors.</p>
<p dir="ltr">The estate battle has seen several notable developments over the years. In October 2024, the court revoked a title deed held by Timothy Wangai Mwathe, one of the claimants, and ordered him to pay KSh 7 million in damages to the estate and Guy Spencer Elms for trespass. This ruling underscored the court’s commitment to protecting the estate’s assets from unauthorized claims.</p>
<p dir="ltr">Ms. Kagure’s claim to a Karen property, allegedly purchased for KSh 100 million in 2011, was another focal point of the dispute. However, the High Court’s latest ruling appears to prioritize the directives of the 1997 will, casting doubt on the validity of subsequent transactions that conflict with the estate’s administration. The specifics of Kagure’s claim and its resolution remain subject to further legal scrutiny, but the court’s decision strengthens the position of the executors.</p>
<p dir="ltr">The High Court’s decision has far-reaching implications for the administration of Robson’s estate and the resolution of related disputes. By upholding the 1997 will, the court has provided a clear framework for the distribution of assets, potentially paving the way for the estate’s executors to finalize their duties after years of legal delays.</p>
<p dir="ltr">Legal experts note that the ruling reinforces the importance of properly executed wills in estate planning, particularly for individuals with significant assets across multiple jurisdictions. “This case highlights the need for clear, legally sound documentation to avoid protracted disputes after one’s passing,” said Nairobi-based advocate Jane Mwangi. “The court’s emphasis on the will’s proper execution sends a strong message about the sanctity of such documents.”</p>
<p dir="ltr">For the claimants, the ruling represents a setback, though some may pursue appeals or alternative legal avenues to press their claims. The case also underscores the complexities of managing estates involving high-value properties in Kenya, where land disputes are common due to the country’s rapid urbanization and rising property values.</p>
<p dir="ltr">Roger Robson’s properties in Karen, a leafy suburb known for its affluent residents and sprawling estates, are among the most valuable in Nairobi. The resolution of the estate battle is likely to have ripple effects on the local real estate market, as clarity over ownership could facilitate transactions or development of the disputed lands.</p>
<p dir="ltr">Local residents in Karen have followed the case with interest, given the prominence of the properties involved. “The Robson estate saga has been a topic of discussion for years,” said James Kariuki, a Karen resident. “Hopefully, this ruling brings some closure and allows the community to move forward.”</p>
<p dir="ltr">As the executors move to implement the court’s ruling, attention will turn to the practical administration of Robson’s estate. Questions remain about how outstanding claims, such as Ms. Kagure’s, will be resolved and whether further legal challenges will emerge. The estate’s trustees, Elms and Battye, now face the task of navigating these complexities while adhering to the directives of the 1997 will.</p>
<p dir="ltr">The High Court’s decision marks a significant milestone in a saga that has spanned over a decade, offering hope that the late tycoon’s wishes will finally be honored. For now, the ruling stands as a testament to the enduring power of a well-crafted will in the face of fierce legal battles.</p>
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