NAIROBI, Kenya — The High Court has ruled that Sh22 million arising from the late Justice David Majanja’s Group Life Assurance (GLA) policy will not pass to a single beneficiary under his Will but will instead be distributed as part of his intestate estate.
In a decision delivered on February 11, Justice Stephen Riechi held that the Sh22,041,340 insurance payout and related Judiciary employee benefits did not fall within the definition of “choses in action” as referenced in the Will, and therefore could not be transmitted under that clause.
The dispute centered on Clause 4(c) of the Will dated June 21, 2014, which bequeathed to one beneficiary “all monies in my bank accounts, shares and choses in action.”
The applicant argued that the GLA proceeds constituted enforceable contractual rights and therefore qualified as choses in action forming part of the testate estate.
Through counsel, the applicant maintained that the insurance funds were monetary rights arising from a contract and enforceable in law, and as such were covered by the Will.
However, Annette Lutivini Majanja opposed the application. She argued that insurance benefits are governed by the Insurance Act and require formal nomination of a beneficiary.
In the absence of such nomination, she contended, the proceeds could not pass under the Will and instead formed part of the intestate estate.
To clarify the matter, the court sought confirmation from the Chief Registrar of the Judiciary, who stated that Justice Majanja had not completed nomination forms for either the Group Life Assurance policy or his retirement benefits.
In his ruling, Justice Riechi explained that choses in action refer to personal property rights that can only be claimed or enforced through legal proceedings, such as debts, damages, or civil claims.
He found that insurance proceeds and employee benefits are predetermined entitlements payable administratively, without the need for litigation.
“They are therefore not choses in action,” the judge ruled.
Citing Section 111(5) of the Insurance Act, the court held that where no nominee has been appointed, insurance proceeds are payable to the deceased’s heirs or legal representatives.
The administrators were directed to file a summons for confirmation of the grant in respect of the intestate assets, including the insurance payout, within 14 days.
Justice Majanja died on July 10, 2024. Probate had earlier been granted to executors Joseph Ndun’gu Kihanya and Steve Biko Luseno, with the grant confirmed on July 21, 2025.
However, some assets were not covered by the Will, prompting the appointment of Gerishom Lujitio Majanja and Genard Louis Muhanji Majanja as administrators of the intestate estate.
The application seeking release of the Sh22 million GLA proceeds had been filed by Martin Aluvisia Majanja.
The ruling clarifies the legal distinction between testamentary assets and statutory insurance benefits, underscoring the importance of formal beneficiary nominations in estate planning.
