Michael Fairfax Robson, brother to the deceased Briton national Roger Bryan Robson has dismissed claimant of his brother’s five acre Karen land valued at Sh600million, Nairobi based insurance broker-cum politician Agnes Kagure as a fraudster.
While testifying before Justice Maureen Odero via video link from his home in the United Kingdom, Michael told the court that his late brother did not sell his property to anyone before his death in 2012 and that claims by Kagure are falsified.
“I have been made aware that the said Agnes Kagure is laying claim to my brother’s property at Ushirika Road in Karen but I can confirm that my brother never disposed the property or sold it to anyone,” said Robson.
Kagure is battling for ownership of the estate with the late businessman’s lawyer and personal representative Guy Spencer Elms.
A quick sneak peek by The Informer reveals that in the corridors of justice, Kagure’s name features as a serial litigant involving controversial land acquisitions involving deceased individuals.
Besides the contested Robson’s Karen land, Kagure is embroiled in a one acre Makadara land tussle, file case number; 345 of 2018 whereby Ruth Wambui Kimani is battling her over alleged case of land grabbing.
Wambui said the land is owned by her late husband Kimani Mungai who had bought the same in 1997.
In a separate case, Joel Munyoki Munene sued Kagure at the environmental land court ELC case 65 of 2017 accusing her of attempting to grab land.
While appearing via a video link, Michael submitted to court that before his brother’s death, he had informed him of plans by certain people to grab his property. These people, he said, had taken advantage of his failing health.
“I can confirm beyond all reasonable doubt that between January 2011 and the time of his death in 2012, my brother Rodger remained in possession of all the land and did not enter into any agreement to sell it to anyone,” he said.
According to Michael, his brother had been in possession of and living at Ushirika Road up until the point when he was taken to Nairobi West Hospital by one Jackson Mulinge on the night of August 5, 2012.
He told the court that he is aware that Kagure is laying claim on the property on the basis that she purchased it from Roger in 2011, but that his brother wrote a handwritten letter to him on March 31, 2011 with no indication that he had sold the property.
“I don’t agree that Kagure took over the property when my brother died. My brother was still in possession of the asset in 2012. He had even informed me on several occasions prior to his death that fraudsters were attempting to steal his residence by making false claims of ownership,” he said.
“I had been urging Roger to move and sell the said property for several years because of his poor health but he had always resisted my advice and had continued to do so up to and including our last communication,” Michael submitted.
Michael also disputed claims that his late brother had transferred his shares at Plovers Haunt limited to businessman Thomas Mutaha as claimed by him in the case.
In the case, Kagure and businessman Mutaha sued lawyer Spencer accusing him of forging signatures on the Will of the late Roger Robson who owned the land. The deceased left lawyer Spencer in charge of execution and management of his Will.
The dispute started in 2012 after Robson, who was the registered owner of the five-acre land, died and left Guy Spencer Elms, his personal representative, to take possession and manage the estate.
Spencer, however, claimed that Kagure forged the deceased’s signature to lay claim to the land and hired goons who in the company of policemen chased away the workers and begun constructing a perimeter wall.
Kagure claims she bought it for Sh100 million from Robson in November 2011 a year before his death.
Spencer swore that when Robson passed on, he left a Will giving him the power as sole executor and legal representative of his estate on behalf of the dependents. The hearing continues on November 30.
Spencer says they drafted a will in 1997, in which Robson stated that his block of apartments in Upper Hill and the five acres of land in Karen be sold and proceeds shared between his nephew and some charities working in the fields of education and environmental conservation. He was never married and did not have any children.
An investigation report by the Directorate of Criminal Investigations (DCI) accuses Spencer of forging Robson’s will allegedly entrusting him ownership of the land in question despite his pending appeal to stop the criminal trial.
Kagure accused Spencer of scheming to transfer the property to himself and dispose it.
Investigators subjected all the documents and signature specimens in possession of both Spencer and Kagure to forensic analysis to establish their authenticity.
According to the investigation file, the will in question is dated March 24, 1997.
Kagure had erected a gate and a perimeter wall at the disputed parcel.
Experts poked holes into Kagure’s documents, including a claim that she paid the Sh100 million in cash, that she has a title deed (it’s with Habib Bank as security for a loan Robson had allegedly taken), a photo claiming to be Robson’s in the ‘sale agreement’, records of tax returns by Kagure among others.
In 2015, by Justice Mary Gitumbi, barred Kagure from constructing a perimeter wall around the Karen property.
“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,” Justice Gitumbi said, after lawyer Spencer went to court.