Hours to a ruling on a criminal case involving a multi-million land tussle between prominent city businesswoman Agnes Kagure Kariuki and lawyer Guy Spencer Elms, it has emerged the business lady fenced off the property against court orders issued in 2012.
Reports reveal that the Karen property under question is guarded by hired private security employed by Kagure even though there is a pre-existing order barring the businesswoman from doing that.
The pre-existing court case stood in the way of Kagure when she was nominated to be the Deputy Governor for Nairobi by Governor Mike Sonko.
In February 2015, Justice Mary Gitumbi issued orders barring Agnes Kagure from erecting a perimeter wall around the property which she claims she bought at Ksh 100 million in cash from its deceased owner Roger Bryan Robson.
“An injunction is issued barring Agnes kagure and her agents from laying claim, encroaching, trespassing or dealing with the land in the applicant’s possession…” stated justice Gitumbi.
The ruling of the court came after lawyer Guy Spencer Elms went to court as the personal representative and executioner of the Robson estate, the original landowner who died in 1997.
Guy Spencer in 2012 told the court how Agnes Kagure hired goons who in the company of policemen invaded the Karen land, chasing away workers and started constructing a perimeter wall around it.
The court was told how Kagure apparently forged documents to the property and claimed to have purchased the same at Ksh 100 million in cash from the deceased owner.
It has, however, emerged that the property was fenced anyway and has security manning it to the extent even Spencer himself cannot access it despite being made legal representative of the estate prior to the owner’s death in 1997.
The case has since dragged since Agnes Kagure, a former insurance broker, failing to prove how she purchased the multi-million property but instead suing Spencer for allegedly forging the property owner’s will.
The criminal matter is coming up for ruling on Wednesday, March 20, with DPP Nordin Haji applying to have it withdrawn for lack of evidence amidst several inconsistencies in investigations.
Robson owned two properties in Kenya, one in Karen and the other in Upper Hill, Nairobi, with both estimated to be worth over Ksh 500 million.
Because he fell out with his closest relative and brother Michael, the owner had very limited options as far as who to inherit his property was concerned.
Robson’s wish was for his estate to be sold and proceeds donated to environmental initiatives.