The Director of Public Prosecutions (DPP) has made an application to withdraw a case against Nairobi lawyer Guy Spencer in relation to a Sh500 million land in Karen.
The DPP, through Senior Prosecution Counsel Edwin Okello, wants the case withdrawn for lack of evidence.
City Court Chief Magistrate Joseline Ongayo heard that insights had proved prior investigations were inconsistent.
Spencer was charged in 2016 with five forgery counts, including forging the will of his deceased client Roger Bryan Robsona on the sale of the Karen land. Robsona died on August 8, 2012.
The forgery claims were made by Agnes Kagure, one of the then aspiring Nairobi deputy Governor candidates. In her complaint, she claimed that the deceased sold the land to her in 2011 for Sh100 million in cash.
Kagure’s lawyer Wangui Kirathe, has opposed the DPP’s intention to withdraw the case, saying the move would be prejudicial to her client.
According to Kirathe, the DPP does not have an open book to commence and disrupt cases arbitrarily, especially in the said case where his office had not provided proper reasons for the withdrawal application.
In response, Okello told the court the DPP had already given reasons for case withdrawal and it was within his powers to review the provided evidence.
He further said there was no law that bars the prosecution from reviewing a case at any given period and terminate a case at any stage before judgement.
Okello submitted that the DPP in exercise of his powers is not subject to control or direction of any authority or person.
“DPP only needs permission of the court under Article 157(6) of the Constitution to facilitate exercise of his powers to guard against abuse of legal process, fair administration of justice and public interest,” he said.
Spencer’s lawyers supported the DPP’s application, saying the case had dragged on for so long yet no incriminating evidence had been presented in court. The court will rule on whether the case will be withdrawn on March 20.