Nairobi — The High Court has dismissed objections challenging the validity of the will of the late Roger Bryan Robson, ruling that the 1997 will was properly executed and met all legal requirements under Kenya's Succession Act.
In the long-running Succession Cause No. 955 of 2013, the court upheld the appointment of Guy Spencer Elms as the legal executor of Robson's estate, rejecting claims by Plover's Haunt Ltd and businesswoman Agnes Kagure Kariuki, who had sought to revoke the grant issued to Elms.
The court found no evidence of forgery, coercion, or fraud in the preparation of the will. Justice H.K. Chemitei ruled that the objections, filed in 2015 and 2017, failed to meet the required standard of proof.
"The will meets all the requirements and parameters of a valid will," the judge stated.
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While the objectors challenged the inclusion of key assets--specifically land parcels and a bank account--as part of the estate, the judge noted that such issues fall under the jurisdiction of the Environment and Land Court and the Commercial Division. The probate court, he emphasized, cannot rule on contested land ownership or share transfers.
The court also declined to invalidate the objections on technical grounds, holding that the objectors could still be treated as potential creditors pending the outcome of related cases in other courts. Justice Chemitei concluded that the estate could revisit any assets if later deemed part of Robson's estate.
With this ruling, the estate of Roger Robson remains under the administration of Guy Elms, allowing the succession process to move forward unless overturned by appellate review.