Nairobi — The High Court in Nairobi has ruled that Sh22 million arising from the late Justice David Majanja's Group Life Assurance (GLA) policy will not be handed to a single beneficiary under his Will, but will instead be distributed as part of his intestate estate.
In a ruling delivered on February 11, Justice Stephen Riechi held that the insurance payout and Judiciary employee benefits did not fall within the definition of choses in action as referenced in the Will, and therefore could not pass under that clause.
The dispute revolved around Clause 4(c) of the Will, which bequeathed to one beneficiary all monies in my bank accounts, shares and choses in action.
It was argued that the Sh22,041,340 held by the Judiciary as GLA proceeds constituted enforceable contractual rights and should therefore be treated as choses in action forming part of the testate estate.
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Through his lawyer, the applicant maintained that the insurance funds were monetary rights arising from contract and enforceable by law, and as such were covered by the Will.
But Annette Lutivini Majanja opposed the application, arguing that insurance benefits are governed by the Insurance Act and require a formal nomination of a beneficiary. In the absence of such nomination, she contended, the proceeds could not be distributed under the Will and instead formed part of the intestate estate.
The court sought clarification from the Chief Registrar of the Judiciary, who confirmed that Justice Majanja had not completed nomination forms for either the Group Life Assurance policy or his retirement benefits.
In his determination, Justice Riechi stated 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 summons for confirmation of grant in respect of the intestate assets, including the insurance payout, within 14 days.
Justice Majanja died on July 10, 2024, leaving a Will dated June 21, 2014. Probate was granted to executors Joseph Ndun'gu Kihanya and Steve Biko Luseno, with the grant confirmed on July 21, 2025.
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However, some assets were not covered by the Will, leading to 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 the Sh22 million GLA proceeds held by the Judiciary.
