Nairobi High court was shocked on Wednesday when the Witness of the controversial city lawyer Guy Spencer accused of forging will to acquire prime land confirmed that he was the author of the disputed will.
Advocate Ann Mwalulu a partner of Archer & Wilcock advocates confirmed that Guy Spencer was the author of the disputed will.
Going by the initials of the Will that is being challenged in court . When Mwalulu was further pressed by the respondents Lawyer Mike Osundwa, she confirmed that by the time the Will was drawn she was not working at the law firm.
” I vividly recalled that in early 2005, Guy sent a driver to pick the disputed will from our law firm,”said Mwalulu.
When she was further grilled on whether there was inventory or any document showing that the driver took the crucial document she said the driver carted away with the whole file.
When asked whether they had been given instructions by the late Roger Brian to issue the will,
she said no instructions were ever given.
She was further asked whether after releasing the will file whether they were left with a copy, she told the court that Guy carted away with all crucial documents.
Asked whether they knew how the estate was to be distributed she said she was not in a position to answer.
She was asked whether she has evidence that the witnesses worked with the law firm that witnessed.
Another witness M.A Khan advocates told the court that he issued document to the deceased contrary to spencers allegations that the said documents were held by the bank.
According to the statements recorded to the police he said he retrieved them from deceased cabinet in the house includingoriginal title from the locker.
Further reexamination by Spencer lawyer,Khan confirm mortgage cannot be a title as earlier alleged by Spencer.Title to the mortgage is the immediate conveyance,further more there is a court order to preserve deceased estate and he confirmed that mortgage is never at the ministry of the land,order was issued in the year 2015 by Lady Justice Mwigai.
Guy Spencer was charged with several counts of forgery after he lost a bid to stop his prosecution at the high court.
He is accused of forging Mr Roger Robinson will who died in the year 2012.
Robson died in the year 2012 and left a will with the Spencer who was his lawyer.
Why did the Will did include the deceased wanted to be cremated?
Why the deceased never registered a trust or a foundation?
You can’t be an author of the Will and at the same time executor.