NAIROBI, Kenya — The parents of the late High Court judge David Majanja have appealed to the Judiciary to urgently release benefits due to his estate, saying prolonged court delays have left them without support and unable to access medical care and basic necessities.
Justice Majanja, who died in 2024, had been the primary provider for his elderly and ailing parents. However, more than a year later, funds held by the Judiciary remain frozen as a dispute over his will drags on in court.
His father, Gerishom Majanja, said the family has complied with all legal requirements for the release of the money but has been frustrated by repeated postponements of a ruling.
“When David died, a will surfaced in which it distributed some things, but in particular, he loved Martin,” Gerishom said. “The will also gave him some benefits managing the bank, including benefits after he died. I tried myself to talk to the Judiciary to see if it can be released. They took me round and round until we had to engage the lawyers.”
Court documents show that Justice Majanja left more than Sh22 million in cash and shares, which he bequeathed to his youngest brother, Martin. The payout includes insurance and banking benefits triggered upon his death.
However, some of Majanja’s siblings have challenged the will, arguing that giving the funds to Martin would effectively disinherit other family members. One of his sisters has filed court papers opposing the payout, insisting that the distribution is unlawful.
As a result, the Judiciary withheld the funds pending either validation of the will or an interim court order allowing partial release during the succession process.
For the late judge’s parents, the legal standoff has turned into a humanitarian crisis.
“The Judiciary, which is supposed to take care of us, is instead causing pain to the very people it is mandated to protect by law,” Gerishom said. “I was dependent on David. He used to take care of me. I am speaking from a place of suffering.”
He said their health has deteriorated while they wait for the case to be resolved.
“Can you imagine all these postponements, when we are relying on that money to survive?” he asked. “We are suffering as they delay to release that money. We are pleading — judicially, they should release that money so that we can be taken care of.”
Family lawyer Joe Murage said the law is clear on how the estate should be handled.
“I will remind my good brothers and sisters in the profession that Section 39 of the Law of Succession Act is very clear,” Murage said.
“When a person dies and they have no spouse or children, the law is clear on who has priority. David’s father is here. He wants the will to be honoured, and even if the will is not applied, intestacy still points to the parents.”
The family has now written to Chief Justice Martha Koome, urging the Judiciary to prioritise the matter and allow an interim release of the funds to cushion the deceased judge’s parents as the succession dispute continues.
The case has raised broader questions about how succession disputes involving judicial officers are handled, particularly when vulnerable dependants are left without access to support while legal battles unfold.
