Judge Muya Rejects DPP Bid to Withdraw Spencer Will Forgery Case
The High Court has dismissed an appeal by the Director of Public Prosecutions (DPP) seeking to withdraw criminal charges against Spencer in a will forgery case.
Justice Muya ruled that the appeal lacked merit and vacated earlier orders that had suspended trial proceedings pending the appeal.
The judge directed that the original case file be placed before the Chief Magistrate in February 2026 for further directions.
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Charges Over Roger Bryan Robson’s Will
Spencer is charged with forging the will of Roger Bryan Robson, who died on August 8, 2012.
The case has attracted public attention due to repeated attempts by the DPP’s office to withdraw the charges.
Justice Muya noted that there had been earlier efforts to discontinue the case without informing the complainant.
“This therefore smacks of a deliberate attempt to sideline the ex parte applicant in the important decision of withdrawing charges relating to a dispute concerning matters of land ownership,” the judge ruled.
Victims Protection Act Cited
Justice Muya emphasized that the Victims Protection Act elevates the rights of victims to a level nearly equal to those of accused persons under Article 50 of the Constitution.
He cited Section 20(1)(a), which grants victims the right to provide input before decisions are made on whether to lay, withdraw, or appeal charges.
“In this instance, the rights of the victim were not put into consideration as required while withdrawing the case,” the judge stated.
DPP Appeal Dismissed
In its appeal, the DPP argued that the trial court had acted improperly by rejecting the withdrawal application.
The prosecution maintained that it had provided proper justification for discontinuing the case.
“This Court be pleased to raise the impugned ruling and substitute the same with an order allowing the DPP application for withdrawal,” the DPP urged.
However, Justice Muya disagreed and upheld the trial court’s decision.
Magistrate Ekhubi’s Earlier Concerns
Earlier, Magistrate Ekhubi had rejected the DPP’s application and ordered Spencer to answer to the charges.
The magistrate observed that it was the second attempt to withdraw the case.
“To avoid this awkward situation where the DPP speaks from both sides of the mouth… there ought to be systems for consultation with the investigating officers and the victim,” the magistrate ruled.
The court also referred to the Guidelines of Decision to Charge 2019, stressing the need for consistency and transparency.
Questions Over DPP Independence
The case has sparked debate about the independence and impartiality of the DPP’s office.
Justice Muya’s ruling suggests that prosecutorial decisions must align with constitutional safeguards and victim rights.
The trial will now proceed, with the Chief Magistrate expected to issue directions in February 2026.
The outcome may set an important precedent on how withdrawal of criminal cases is handled in Kenya.
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