The High Court in Nairobi has confirmed the distribution of the estate of deceased High Court judge David Majanja, with his father receiving the largest share in a ruling that brings to a close months of succession battle within the family.
Justice Majanja died on July 10, 2024, leaving behind a written will covering part of his estate, while several properties fell under intestate succession.
By consent of the beneficiaries, court records show that Gerishom Majanja, the late judge’s father and Genard Majanja, his brother, were appointed joint administrators to oversee the distribution of the remaining intestate properties.
The court, however, noted that no alternative proposal had been filed despite earlier directions requiring the father, Gerishom Majanja, to submit his preferred mode of distribution.
As a result, Justice Stephen Riechi adopted the proposed mode of distribution filed by co-administrator Genard Majanja.
“I find the distribution is fair, equitable and in accordance with the Law of Succession Act. I therefore confirm the grant issued in respect of the estate of the deceased,” the judge ruled.
The court directed that the estate be distributed among the seven beneficiaries as outlined in the confirmed grant.
Court records show that executors Joseph Kihanya and Steve Lusemo were granted probate in December 2024, with properties listed in the will confirmed in July last year after all beneficiaries consented.
However, the court noted that several assets were not included in the will and therefore formed part of the intestate estate.
Under the confirmed distribution, the father, Gerishom, received the largest portion of the estate.
He was allocated 10 land parcels across Kakamega, Kajiado, Mavoko, Kisumu and Embu counties, including two Sheria Housing plots in Embu.
He also received the deceased’s entire pension held by the National Social Security Fund (NSSF), a group life insurance payout of Sh10 million held by the Judicial Service Commission and a motor vehicle.
Genard, on the other hand, was allocated three properties, including a parcel in Ngong under the Sheria Housing Sacco scheme.
The records further show that Janet Majanja, Majanja’s sister, was allocated six land parcels in Kisumu and Kajiado, while Annette Lutivini Majanja received four properties, including a Kisumu Sheria Housing plot.
Meanwhile, Martin Majanja, the stepbrother, received three parcels of land, while Allan Khamadi Siema was allocated three properties as well.
In addition, two properties—one in Kakamega and another in Kajiado—were jointly allocated to Genard, Janet, and Annette, with each receiving a one-third share.
The court also distributed group life insurance benefits held by the Judicial Service Commission after disputes arose over entitlement.
One of the beneficiaries, Martin Aluvisia Majanja, had moved to court seeking orders compelling the release of the funds, arguing that the insurance proceeds were “choses in action” and therefore covered under the will.
He maintained that the probate had already been confirmed and that continued withholding of the funds was contrary to the deceased’s wishes.
“”That this Honourable Court be pleased to direct the Chief Registrar of the Judiciary to forthwith release and disburse the sum of Sh22,041,340.00 held as Group Life Assurance (GLA) proceeds due to the estate of the late Hon Justice David Shikomera Majanja to Mr Martin Jesse Kioko Majanja, the lawful beneficiary thereof under Clause 4(c) of the deceased’s will dated 21st June 2014,” court documents state.
However, his position was opposed by his sister Annette who argued that the insurance proceeds were governed by the Insurance Act and could not automatically be treated as part of the will.
She further submitted that since no nomination had been made under the group life policy, the proceeds formed part of the intestate estate.
The court ultimately held that both the pension and insurance benefits formed part of the intestate estate after it was established that no beneficiaries had been nominated.
In the final distribution, Gerishom, Majanja’s father, received the largest share of the insurance proceeds at over Sh10 million, while the other beneficiaries—Genard, Janet, Annette, Martin, and Allan—each received Sh2,408,268.
The ruling also followed an application by Gerishom’s seeking revocation of the joint grant, arguing that relations with his co-administrator had broken down, making joint administration impracticable.
However, in a judgment delivered by Justice Riechi, the court dismissed the application, holding that the administrators were appointed in open court at the proposal of beneficiaries and no objection had been raised at the time.
The judge said the appointment process was regular and consensual, and therefore could not be disturbed.
Majanja’s father had earlier expressed concern over the family’s financial welfare, urging the court to expedite the release of insurance and employee benefits to support the late judge’s dependents.
Justice Riechi ultimately confirmed the grant, holding that the distribution covered all 32 parcels of land, pension funds, life insurance benefits, and the motor vehicle, and ensured each beneficiary received a share of the estate.
The decision now paves the way for the administrators to complete transfer and implementation of the court-ordered distribution.
