High Court to fast-track Justice Majanja estate case over ailing father

Late High Court judge David Majanja /JUDICIARY

The High Court has moved to fast-track the estate case involving the family of the late Justice David Majanja following concerns raised over the deteriorating health of his father, Gerishom Majanja, who is listed as a beneficiary in the matter.

The decision was made when the case came up for mention on Tuesday, with lawyers urging the court to urgently intervene to prevent further delays that, they said, could prejudice the ailing beneficiary.

The matter had previously been mentioned before Justice Hillary Chemitei, who directed the parties to file additional documents to clarify outstanding issues before further directions could be issued.

Counsel appearing for Gerishom Majanja told the court that the beneficiary’s health had significantly deteriorated, leaving him bedridden and unable to physically attend court proceedings.

During the virtual session, the court was informed that continued delays would have serious consequences for the beneficiary, prompting a request that the matter be handled on a priority basis.

In submissions, the lawyer emphasised that justice should not come at the expense of health, noting that the court had earlier issued directions on January 29 in an application where further directions were to be given.

However, the court was told that a letter dated the same day seeking action on the matter had not yielded further directions, leading the parties to escalate the issue by forwarding the correspondence to the office of the Chief Justice.

The lawyer submitted that the matter could not wait for another week, indicating that a certificate of urgency would be filed should the case not be placed before the presiding judge without delay.

Another advocate, appearing for other beneficiaries in the estate, supported the request to fast-track the proceedings.

The court was also informed that Gerishom Majanja, the father of the late judge, appeared before the court virtually from his bed due to his medical condition, underscoring the urgency raised by counsel.

The virtual appearance, counsel submitted, demonstrated the need for swift judicial intervention to safeguard the interests and welfare of the beneficiaries.

In response, the court acknowledged the concerns raised and agreed that the matter required urgent attention.

It directed that the file be immediately placed before the presiding judge for further directions, paving the way for an expedited hearing of the estate dispute.

The development follows a media interview in which Justice Majanja’s family publicly appealed for the release of funds held following his death, outlining differing views within the family on how the estate should be distributed.

In the interview, Gerishom Majanja urged the court to fast-track the matter, saying prolonged delays had left the family in distress.

Court documents indicate that Justice Majanja left a will bequeathing more than Sh22 million held in various bank accounts, as well as shares, to his youngest brother, Martin Aluvisia Majanja.

The will also granted Martin certain responsibilities over the accounts, an issue that is now before the court.

“When David died, a will surfaced in which he distributed some things, but in particular, he loved Martin,” Gerishom said.

“The will also gave him benefits managing the bank accounts, including after his death. I tried to speak to the Judiciary to see if it could be released, but we were advised to engage lawyers,” he said.

Gerishom said the delays had compounded the family’s distress.

“I was dependent on David. He used to take care of me. I am speaking from a place of suffering,” he said.

However, court documents show that the application has been contested by another family member. Annette Majanja, in her response, states that she is a beneficiary of the deceased and challenges the interpretation of the will presented.

Justice Majanja served at the High Court and was widely respected for his jurisprudence. He died in 2024.