The elderly parents of the late Justice David Majanja are appealing to the Judiciary for urgent release of over Sh22 million from his estate, which they say is critical to cover medical bills and daily expenses.
The funds, including insurance benefits and shares, were intended to support the aged couple, but delays in court have left them in financial distress.
Gerishom Majanja, the late judge’s father, explained that despite submitting all necessary documents, the family has faced repeated postponements.
“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,” he said.
The will favors Majanja’s youngest brother, which has caused disagreements among the siblings. Gerishom said the delays have made life difficult for him and his wife.
“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,” he added.
Court officials have withheld the payout pending either validation of the will or an interim order to release the funds during the succession process. Majanja’s sister has argued in court that immediate payment to the youngest brother would unfairly disinherit other beneficiaries.
Despite the ongoing legal wrangle, the parents insist the matter be resolved without further delay. “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.
Family lawyer Joe Murage highlighted the legal position under the Law of Succession Act.
“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,” he said.
The family has also written to Chief Justice Martha Koome, urging that the matter be given urgent attention and prioritized for resolution to ease the suffering of the late judge’s parents.
