It is a blow for lawyer Guy Spencer Elms after the High Court in Nairobi declined an application by the Directorate of Public Prosecutions (DPP) seeking to withdraw criminal charges against him.

In a judgement dated 27th January 2026, Justice Martin Muya found that Elms’ appeal had no merit and vacated stay orders earlier granted.

Elms had appealed a decision by the then Senior Principal Magistrate Ben-Mark Ekhubi which directed him to plead to criminal charges against him in October 2025.

The judge ruled that the magistrate did not err in his ruling while declining the DPP’s application, and neither did he misinterpret the provisions of section 193A of the Criminal Procedure Code. 

“I therefore find no good reason to interfere with the decision of the learned trial magistrate to disallow the application for withdrawal of the charges. The stay orders granted to the applicant are hereby vacated,” the judge ruled.

Justice Muya has directed that the original file be placed before the Milimani Chief Magistrate for directions on 18th February 2026.

Elms is being accused of forging demanding property upon forgery of a testamentary instrument; purporting them to be genuine documents for the estate of the late Roger Bryan Robson.