The High Court of Kenya in Nairobi has confirmed the distribution of the estate of the late David Majanja, bringing to an end a months-long family succession dispute.
In a ruling delivered by Stephen Riechi, the court approved a mode of distribution that allocates the largest share of the estate to the judge’s father, Gerishom Majanja.
Justice Majanja passed away on July 10, 2024, leaving behind a written will that covered part of his estate. However, several assets were not included in the will, necessitating intestate succession proceedings under the Law of Succession Act.
Court records show that Gerishom Majanja and the deceased’s brother, Genard Majanja, were appointed joint administrators by consent of the beneficiaries to oversee the distribution of assets not covered in the will.
Despite earlier directions requiring Gerishom to submit his preferred mode of distribution, no alternative proposal was filed. As a result, the court adopted the plan presented 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,” Justice Riechi ruled.
Breakdown of the Estate Distribution
The confirmed grant outlines the division of the estate among seven beneficiaries, covering 32 parcels of land across multiple counties, pension funds, insurance proceeds, and a motor vehicle.
Gerishom Majanja received the largest share, including 10 land parcels spread across Kakamega, Kajiado, Mavoko, Kisumu, and Embu counties. His allocation also includes the deceased’s full pension held by the National Social Security Fund, a group life insurance payout worth Sh10 million managed by the Judicial Service Commission, and a motor vehicle.
Genard Majanja was allocated three properties, including land in Ngong under the Sheria Housing Sacco scheme.
Other beneficiaries also received significant allocations:
- Janet Majanja was awarded six land parcels in Kisumu and Kajiado
- Annette Lutivini Majanja received four properties, including a Kisumu Sheria Housing plot
- Martin Majanja (stepbrother) and Allan Khamadi Siema were each allocated three parcels of land
Additionally, two properties located in Kakamega and Kajiado were jointly shared by Genard, Janet, and Annette, with each receiving a one-third stake.
Dispute Over Insurance and Pension Benefits
A key point of contention in the case involved group life insurance proceeds held by the Judicial Service Commission. One beneficiary, Martin Aluvisia Majanja, had petitioned the court to compel the release of over Sh22 million, arguing that the funds were covered under the deceased’s will.
However, this position was challenged by Annette Majanja, who argued that the insurance benefits fell under the Insurance Act and, in the absence of a named beneficiary, should be treated as part of the intestate estate.
The court ultimately ruled that both the pension and insurance proceeds formed part of the intestate estate, noting that no beneficiaries had been formally nominated.
Under the final distribution, Gerishom Majanja received over Sh10 million from the insurance proceeds, while the remaining beneficiaries—Genard, Janet, Annette, Martin, and Allan—each received Sh2,408,268.
Court Rejects Bid to Revoke Joint Administration
The ruling also addressed an application by Gerishom Majanja seeking to revoke the joint grant, citing a breakdown in relations with his co-administrator.
Justice Riechi dismissed the application, noting that the administrators had been appointed in open court with the consent of all beneficiaries and without objection at the time.
The judge held that the process was lawful and consensual, and therefore could not be overturned.
The court confirmed that the distribution covers all identified assets, including land, pension funds, insurance benefits, and a motor vehicle.
The ruling now clears the way for the administrators to proceed with the transfer and implementation of the estate distribution.
