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Post Reply: High Court Orders Kshs. 22 Million Majanja Insurance Payout to be Shared Among Heirs

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on February 12, 2026, 8:49 am</div><div id="pl-8834" class="panel-layout">
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<p dir="auto">The High Court in Nairobi has directed that a Sh22 million insurance payout from the late Justice David Majanja's Group Life Assurance policy be shared among his heirs as part of his intestate estate rather than going to a single beneficiary under his will.</p>
<p dir="auto">Justice Stephen Riechi delivered the ruling on February 11, 2026, in a dispute that arose following the death of Justice David Majanja on July 10, 2024. The funds in question amount to Sh22,041,340, held by the Judiciary as proceeds from the Group Life Assurance policy and related employee benefits.</p>
<p dir="auto">The case stemmed from an application by Martin Aluvisia Majanja, who sought the release of the full amount to himself. He relied on Clause 4(c) of the late judge's will, dated June 21, 2014, which bequeathed to him "all monies in my bank accounts, shares and choses in action." Martin argued that the insurance proceeds qualified as "choses in action," meaning enforceable rights to money under a contract.</p>
<p dir="auto">Annette Lutivini Majanja opposed the application, asserting that without a nominated beneficiary for the policy, the proceeds must follow the rules under the Insurance Act and form part of the estate for distribution among heirs. The Chief Registrar of the Judiciary confirmed that no nomination forms had been completed for the Group Life Assurance policy or retirement benefits.</p>
<p dir="auto">In his decision, Justice Riechi held that the insurance proceeds and employee benefits do not constitute "choses in action." He explained that the term refers to rights enforceable through legal proceedings, such as claims for damages or civil actions, whereas these policy benefits are predefined contractual payments administered without the need for litigation.</p>
<p dir="auto">Citing Section 111(5) of the Insurance Act, the judge ruled that in the absence of a nominated beneficiary, such proceeds are payable to the heirs or legal representatives of the deceased. Therefore, Clause 4(c) of the will does not apply to these funds, and they cannot pass exclusively to one person.</p>
<p dir="auto">The court ordered that the Sh22 million be treated as part of Justice Majanja's intestate estate. Administrators Gerishom Lujitio Majanja and Genard Louis Muhanji Majanja, who handle properties and assets not covered by the will, must file summons for confirmation of the grant regarding the intestate assets, including the insurance proceeds, within 14 days.</p>
<p dir="auto">The matter is scheduled for mention on March 4, 2026. Executors Joseph Ndun’gu Kihanya and Steve Biko Luseno had earlier obtained probate for the will on July 21, 2025.</p>
<p dir="auto">This ruling resolves a key point in the ongoing succession proceedings for Justice Majanja's estate, which includes additional properties in locations such as Nairobi, Kisumu, Kakamega, Kajiado, and Mavoko. The exact distribution among the heirs will proceed through the intestate confirmation process.</p>

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