NAIROBI, Kenya, June 23 – The High Court has dismissed objections difficult the validity of the desire of the late Roger Bryan Robson, ruling that the 1997 will was correctly executed and met all authorized necessities underneath Kenya’s Succession Act.
In the long-running Succession Cause No. 955 of 2013, the court docket upheld the appointment of Guy Spencer Elms because the authorized executor of Robson’s property, rejecting claims by Plover’s Haunt Ltd and businesswoman Agnes Kagure Kariuki, who had sought to revoke the grant issued to Elms.
The court docket discovered no proof of forgery, coercion, or fraud within the preparation of the desire. Justice H.Okay. Chemitei dominated that the objections, filed in 2015 and 2017, failed to fulfill the required commonplace of proof.
“The will meets all the necessities and parameters of a legitimate will,” the decide acknowledged.
While the objectors challenged the inclusion of key property—particularly land parcels and a checking account—as a part of the property, the decide famous that such points fall underneath the jurisdiction of the Environment and Land Court and the Commercial Division. The probate court docket, he emphasised, can’t rule on contested land possession or share transfers.
The court docket additionally declined to invalidate the objections on technical grounds, holding that the objectors may nonetheless be handled as potential collectors pending the result of associated circumstances in different courts. Justice Chemitei concluded that the property may revisit any property if later deemed a part of Robson’s property.
With this ruling, the property of Roger Robson stays underneath the administration of Guy Elms, permitting the succession course of to maneuver ahead until overturned by appellate evaluate.
