Ailing parents of late Justice Majanja struggling as Ksh.22M estate funds remain locked

Parents of the late Justice David Majanja, who passed away in 2024, is now appealing to the Judiciary to expedite the release of benefits due to his estate.

The funds are intended to support the aged and ailing parents in accessing treatment and meeting their basic needs.

The late judge’s father, Gerishom Majanja, says they have provided everything required for the payment but have been frustrated by the continued postponement of a ruling in their matter.

In his will, Majanja bequeathed money in his accounts – over Ksh.22 million - and shares to his youngest brother but that has rubbed his siblings the wrong way.

“When David died, a will surfaced in which it distributed some things, but in particular he loved Martin. The will also gave him some benefits managing the bank, including benefits after he died. The insurance covered the money 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,” said Gerishom.

The parents left behind by the deceased now struggle to survive due to lack of access to the funds.

"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. We are in pain. They know that I was dependent on David. He used to take care of me. I am speaking from a place of suffering. I have a lot of pain in here," added Gerishom.

Payout was withheld by the Judiciary pending the validation of the will or an interim order directing the release of the funds during the succession process.

In court papers Majanja's sister has argued that an absolute payment to the young brother will illegally disinherit the other beneficiaries.

But as a legal battle among disgruntled siblings awaits resolution, one way or the other, parents of the late judge want the matter resolved urgently.

"4th of December, that time now he says, 'I’ll give you judgment or notice.' Now can you charge me now, all these postponements, because we are relying on that money to help us. It is our view that if that money was released to him, he would take care of us. We are suffering as they delay to release that money. We are pleading—judicially, they should release that money so that it helps us, so that we can be taken care of," Gerishom stated.

Joe Murage, family counsel, said: “I will remind my good brothers and sisters in the profession that Section 39 of the Law of Succession Act is very clear. When a person dies and they have no spouse or children, Section 39 is very clear on who has priority in taking over the estate. When it comes to David, his father is here. You’ve heard his plea. He wants the will to be honored. And if we’re not going to go with the will, it is intestacy. He still wants the money to go where the brother wanted it to go."

The family has written to Chief Justice Martha Koome seeking a swift resolution and urging that the matter be prioritized by the court.