The government has declared allegations of forgery as a serious criminal matter that must be investigated and prosecuted without interference citing the estate case of former Attorney General James Boro Karugu will forgery.
In court filings, the Office of the Attorney General backed the Director of Public Prosecutions and the Directorate of Criminal Investigations, arguing that attempts to stop the probe amount to an abuse of the court process.
The case is before the High Court of Kenya and revolves around claims that the last will of the late Karugu, dated February 2, 2014, was forged.
Several family members of the late Karugu moved to court seeking to block ongoing or planned criminal investigations linked to the disputed will.
They argue the matter should be handled within a succession case already pending in court.
But the Attorney General has rejected their argument.
In documents filed on February 17, 2026, the AG states that forgery is a criminal offence under the Penal Code and cannot be resolved in a family or succession court.
“The existence of a succession case does not stop criminal investigations,” the AG says, adding that family courts have no power to decide criminal guilt or innocence.
The AG also opposed an application seeking conservatory orders to stop arrests, investigations, or prosecution.
According to the State, the petitioners failed to among other things show any violation of their constituional rights.
The Attorney General reminded the court that the DPP has full constitutional power to start and conduct criminal cases, and that this power is independent and free from outside control.
Courts, the AG argues, should only step in where there is clear illegality or unfairness not simply because suspects want to avoid facing investigators.
“The petitioners must face their accusers and defend themselves through the criminal justice system,” the AG states, citing past High Court decisions.
