The family of the late High Court judge David Majanja is locked in a succession dispute over the distribution of his estate, delaying the release of funds meant to support his dependents.
Justice Majanja, who passed away in 2024, left a will in which he left money held in bank accounts, shares, and posthumous benefits to his youngest brother. The estate included about Sh22 million that has not yet been released.
“ When David passed away, a will surfaced in which he distributed some things. But in particular, he loved his younger brother. The Will also gave him some benefits, money in the bank and so on and so on, including benefits after he passed away, like the insurance cover,” his father stated.
The estate became a source of contention within the family, as disagreements emerged over how the assets were to be shared. In court filings, one of Majanja’s sisters contended that paying out the entire sum to the youngest brother would unfairly sideline the other beneficiaries and amount to their exclusion from the inheritance.
As a result, the court ordered that the funds be withheld pending the validation of the will and determination of the succession process.
Meanwhile, Majanja’s parents say they are suffering because of the delay. The late judge’s father told the court and the media that he and his wife were financially dependent on their son, who catered to their medical and daily needs.
Both parents are reportedly ill and require regular treatment, which they say has become difficult to afford without access to the estate funds.
According to the family, several attempts have been made to have the judiciary release part of the money on an interim basis. Still, rulings on the matter have been repeatedly postponed.
“After he passed away, I tried myself to talk to the judiciary to see if it could be released. They took me round and round and round until we had to engage the lawyers,” his father added.
The parents maintain that Majanja’s intention, as expressed in his will, was that the youngest brother would manage the funds and ensure their welfare.
The judiciary has held that the payout can only be made after the court confirms the validity of the will or issues specific interim orders during the succession proceedings.
Legal practitioners following the case noted that where a deceased person has no spouse or children, the Law of Succession Act sets out clear guidelines on who ranks in priority to inherit, subject to the court’s findings.
As the legal battle among the siblings continued, the parents wrote to the Chief Justice asking that the matter be prioritised and concluded without further delay. They say a swift decision would ease their financial hardship while allowing the succession process to proceed in accordance with the law.
