Justice Majanja estate case: Judge clarifies who gets Sh22m insurance payout

The High Court has clarified the fate of Sh22 million in insurance proceeds belonging to the late Justice David Amilcar Shikomera Majanja.

In its ruling, Justice Sephen Riechi ruled the money will not automatically go to a single beneficiary under his will but must instead be distributed under succession law.

Justice Majanja, who died on July 10, 2024, had left behind a valid will dated June 21, 2014.

The will was confirmed by the court in July 2025, and executors were appointed to administer the estate.

However, a dispute arose over the deceased’s Group Life Assurance (GLA) proceeds amounting to Sh22,041,340, which are currently held by the Judiciary.

One of the beneficiaries, the late Majanja's younger brother, Martin Aluvisia Majanja, moved to court seeking orders directing the Chief Registrar of the Judiciary to release the funds to him.

Court documents show that he argued that under clause 4(c) of the will, Justice Majanja had bequeathed to him “all monies in my bank account, shares, and choses in action absolutely.”

He maintained that the insurance proceeds fell under “choses in action” and were therefore covered by the will.

Martin further argued that the grant of probate had already been confirmed and that continued withholding of the funds was contrary to the express wishes of the deceased.

"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, the application was opposed by Majanja's sister, Annette Lutivini Majanja, who contended that insurance proceeds are governed by the Insurance Act and not automatically by the terms of a will.

She argued that since no nomination form had been filled by the deceased under the Group Life policy, the proceeds could not be treated as property specifically assigned to his brother, Martin.

The court sought clarification from the Chief Registrar of the Judiciary on whether Justice Majanja had nominated any beneficiary under the Group Life Assurance policy or for his retirement benefits.

In a letter dated January 26, 2026, the Chief Registrar confirmed that no nomination forms had been filled for either the insurance policy or retirement benefits.

In its ruling delivered on February 11, 2026, the High Court found that the Group Life Insurance proceeds and employee benefits did not qualify as “choses in action” as described in the will.

The judge explained that such benefits are predefined and administered directly by the relevant entities without the need for legal action to enforce them.

The court further noted that under Section 111 of the Insurance Act, a policyholder must formally nominate a beneficiary to receive life assurance benefits.

In the absence of such nomination, the ruling notes that the law provides that the money becomes payable to the policyholder’s legal representatives.

"I do find that the Group Life Insurance proceeds and employee benefits from Judiciary are defined benefits, which are defined in advance. They are administered by the entities without legal action in the form of a lawsuit or judicial proceedings. They are therefore not choses in action," the judge observed.

As a result, the court declared that the Sh22 million insurance payout and the employee benefits form part of the deceased’s intestate estate.

This means they will be distributed according to succession law rather than under the specific clause of the will cited by Martin.

The administrators handling the intestate portion of the estate have now been directed to file summons for confirmation within 14 days to facilitate distribution of the funds alongside other assets not covered by the will.

The ruling brings clarity to a key dispute in the ongoing administration of Justice Majanja’s estate and settles the question of who is entitled to the substantial insurance payout.

Majanja’s father, Gerishom, has previously expressed concern about the family’s financial well-being, petitioning the court for the release of the insurance and employee benefits.

He emphasised that the funds were meant to support the late justice’s surviving children and dependents, urging for the expedition of the case and that the money be distributed promptly to provide for their needs.