The High Court in Nairobi has ruled that Sh22 million from the late Justice David Majanja’s Group Life Assurance (GLA) policy will not go to a single beneficiary under his Will, but will instead be shared as part of his intestate estate.
In a ruling delivered on February 11, Justice Stephen Riechi determined that the insurance payout and employee benefits from the Judiciary were not “choses in action” as described in the deceased’s Will and therefore could not pass to a single beneficiary under that clause.
Justice Majanja died on July 10, 2024, leaving behind a Will dated June 21, 2014. Probate was granted to executors Joseph Ndun’gu Kihanya and Steve Biko Luseno, and the grant was confirmed on July 21, 2025.
However, some properties were not included in the Will, prompting the appointment of Gerishom Lujitio Majanja and Genard Louis Muhanji Majanja as administrators of the intestate estate.
The dispute arose after Martin Aluvisia Majanja applied to court seeking the release of Sh22,041,340 held by the Judiciary as GLA proceeds.
He argued that under Clause 4(c) of the Will, which bequeathed to him “all monies in my bank accounts, shares and choses in action”, the insurance funds were rightfully his.
Through his lawyer, he maintained that the proceeds were enforceable monetary rights arising from contract and therefore constituted choses in action forming part of the estate.
However, Annette Lutivini Majanja opposed the application, arguing that insurance benefits are governed by the Insurance Act and require formal nomination.
She contended that since no nominee had been designated, the funds could not pass under the Will and instead fell into the intestate estate.
The court sought clarification from the Chief Registrar of the Judiciary, who confirmed that Justice Majanja had not filled out any nomination forms for either the Group Life Assurance policy or his retirement benefits.
In its determination, the court held that choses in action refer to personal property rights enforceable through legal action, such as civil claims or damages.
The judge found that insurance proceeds and employee benefits are predefined benefits administered without the need for litigation.
“They are therefore not choses in action,” Justice Riechi ruled.
Citing Section 111(5) of the Insurance Act, the court concluded that where no nominee is appointed, the proceeds are payable to the heirs or legal representatives.
The administrators were directed to file summons for confirmation of grant in respect of the intestate assets, including the insurance proceeds, within 14 days.