NAIROBI, Kenya, Jan 15 — Human rights activist Irungu Houghton has urged Kenyans to include punitive “no-contest” clauses in their wills, proposing that any beneficiary who challenges a will in court should be restricted to just Sh10.
The Amnesty International Kenya Executive Director was reacting to a dispute over the estate of the late High Court Judge David Majanja.
“The more of us who write into our wills clauses that restrict our beneficiaries to Kes 10 if they legally contest our wills, the faster we sort out this familicide,” Houghton said on Thursday.
His remarks come as the Majanja family feud plays out in court, with the Judiciary declining to comment on the matter, citing the sub judice rule.
In a statement on Thursday, Judiciary spokesperson Paul Ndemo said the dispute over the distribution of the late judge’s estate is before court and cannot be discussed publicly.
Court dispute
The case came into the spotlight after Majanja’s parents, Gerishom and his wife, appealed for the expedited release of funds from their son’s estate citing urgent medical treatment needs and basic upkeep.
“Despite our advanced age and failing health, we have provided everything required for the payment, but continue to be frustrated by postponements,” Gerishom said, adding that he is battling both heart disease and cancer.
Judiciary declines comment on late Judge Majanja’s estate dispute
Gerishom said his son had assigned Majanja’s younger brother the responsibility of taking care of their parents and had left a will bequeathing money and shares, including bank deposits and insurance benefits.
“When David died, a will surfaced that distributed some things, including money in the bank and insurance benefits,” he said.
The matter ended up in court, freezing access to the estate as judges determine how it should be distributed.
Gerishom’s lawyer has faulted the delay, saying the parents are now struggling to survive due to lack of access to the funds, and arguing that under Section 39 of the Law of Succession Act, where a person dies without a spouse or children, priority in inheriting falls to the surviving parents.
It is precisely such family disputes, Houghton argues, that could be reduced by clearer and tougher clauses in wills.
While testators can structure their wills to discourage litigation, courts retain the power to intervene, especially to protect dependants.
The Majanja case has now become a fresh illustration of how succession battles can leave vulnerable family members trapped in long legal processes while estates remain locked.
As the court process continues, the dispute is also fuelling a broader debate on how Kenyans write their wills—and whether the law should encourage stronger safeguards to prevent families from being torn apart by inheritance fights.