Justice Majanja wished to be cremated same day he died, but...

Kisii High Court judge David Majanja. the Judge has been praised for his speedy determination of matters. [Photos Sammy Omingo/Standards] For decades, Justice David Shikomela Majanja embodied the essence of the law-both in practice and in his personal life. To those who appeared before him, whether advocates, litigants, or ordinary citizens, he was a figure of calm authority, presiding over his courtroom with a steady hand and an unwavering commitment to justice. Yet, beneath his judicial robe lay a softer side, one revealed through his passion for football sponsorship - a quiet nod to his belief in fairness beyond the bench. Losses on the pitch, unlike breaches of law, never drew his harsh judgment. But when death came calling, the circumstances of his departure stood in stark contrast to the orderly life he led. The Standard has obtained exclusive access to Justice Majanja's final wishes, as outlined in a Will dated June 21, 2014. Reading through the document, one cannot help but notice a poignant irony: the judge's family and colleagues - perhaps unknowingly - defied the very directives he laid out for his exit from this world. His script In life, Majanja enforced the law with precision; in death, those closest to him strayed from his script, an act that might have earned a stern ruling had he been presiding over it himself. Majanja's Will reveals a man who sought a swift and unceremonious transition to the afterlife. He explicitly directed that his body be cremated on the same day he died, a wish reflecting his no-nonsense approach to life's final chapter. "I hereby direct that my body is to be disposed of by cremation immediately upon my death. ''The only delay authorised is for an autopsy, in the event that such is deemed necessary for my executors to determine the cause of death," he wrote in the two-page document. Yet, when he passed away on July 10, 2024, at the age of 51, this instruction was not followed to the letter. Instead of an immediate cremation, his family, friends, and fellow judges extended his earthly stay by seven days. He was cremated on July 17, 2024 - a delay that, barring an autopsy (none has been confirmed), contravened his explicit wishes. The judge had appointed two trusted individuals - Joseph Kihanya and his former law firm partner, Steve Luseno - as executors of his Will. Their task was clear: settle his debts, manage funeral expenses, oversee the succession process, and distribute his estate as outlined. Among the beneficiaries was Annette Majanja, to whom he bequeathed all his household items and a property in Butsotso, which she was to share with her stepbrother, Allan Siema. The Kilimani apartment in Nairobi, where he resided, was designated for Annette, Allan, and his other stepbrother, Martin Majanja. Bank accounts Martin also inherited all the money in Majanja's bank accounts and shares, a gesture that underscored the judge's intent to provide for his loved ones in a structured, equitable manner. Majanja's foresight extended to the administration of his estate. He granted Kihanya and Luseno the authority to appoint a replacement trustee should either of them die or step down. "If any of the trustees shall die or cease to be a trustee for any reason, the surviving trustee(s) shall have power to appoint another trustee in his discretion and to transfer trust property to his name or her name along with the surviving trustee," he stipulated. This clause reflected his meticulous nature, ensuring his wishes would endure even in unforeseen circumstances. Beyond his personal legacy, Justice Majanja left an indelible mark on Kenya's legal landscape. A proud alumnus of Alliance High School - known colloquially as a "Busherian"-he was renowned for his measured demeanour in court. Advocates appreciated his pleasant responses, but those who dared violate the law quickly encountered the firm edge of his rulings. One such case involved MPs who sought taxpayer-funded pensions to cushion their post-parliamentary lives. On January 23, 2009, then-Speaker of the National Assembly Kenneth Marende established the Akiwumi Tribunal, chaired by retired High Court judge Akilano Molade Akiwumi, to review MPs' terms and conditions. Akiwumi, who passed away in February of that year after 14 years in the Judiciary, led a team that delivered its findings on November 12, 2009. The report painted a grim picture of former parliamentarians living in "deplorable conditions" despite their service to the nation. It recommended a minimum living pension of $1,000 (approximately Sh 128,000) per month, arguing that MPs struggled to secure gainful employment after leaving office. "When an MP leaves Parliament, it is next to impossible for him to get gainful employment. ''The foregoing, and a host of other considerations, make a powerful case for the payment of a living pension," the report stated. This recommendation sparked a legal battle. Former MPs Wanyiri Kihoro, Andrew Kiptoon, Mohamed Abdi Galgalo, Mark Mwithaga, Adam Wako Bonaya, and Robert Kiptoo Kotir sued the Salaries and Remuneration Commission, decrying their paltry Sh2,700 monthly pension. Having served between 1963 and 2007, they argued that such a sum was an indignity after years of national service, demanding Sh 100,000 monthly or Sh744,000 annually. In 2014, Justice Majanja presided over the case. Grace and favour While he expressed sympathy he delivered a decisive blow: "MPs must realise membership of the House is through the grace and favour of the people, and once the people exercise their ultimate authority to remove them, they will find themselves in the shoes of the applicants." The case was dismissed, sparing taxpayers an additional burden and cementing Majanja's reputation as a guardian of fiscal prudence. Majanja's Will, penned in 2014, captured only a portion of his estate. At the time of his death, his wealth had grown significantly, rendering him partially intestate. His executors listed additional beneficiaries: his father, Gerishom Majanja; stepmother, Priscilla Majanja; brother, Genard Majanja; sister, Janet Majanja; and step-siblings Annette, Martin, and Allan Siema. Beyond the Kilimani apartment and Butsotso property, Majanja had acquired land in Kajiado, Mavoko, Miwani, Isukha, Kakamega (six properties), Kisumu (12 properties), Maela, Kinanie, Lamu, Embu (two properties), and Ngong (two properties). Much of this portfolio was financed through Sheria Housing Sacco. He also owned three vehicles and carried liabilities of Sh 3.7 million owed to the Sacco. Born to Prof Mabel Majanja, a lecturer at Moi University, Majanja grew up in Eldoret before carving out a stellar legal career. After earning a Bachelor of Laws degree from the University of Nairobi in 1996 and a Post Graduate Diploma from the Kenya School of Law, he was admitted to the Bar in 1998. His early career included stints at Mohammed Muigai Advocates, a partnership with Katwa Kigen, and later Majanja Luseno and Company Advocates. Following the 2007 post-election violence, he served as assisting counsel to the Waki Commission, headed by Justice Phillip Waki. High court In 2011, he joined the judiciary, rising to prominence in the Commercial and Tax Division of the High Court. His final major case involved the contentious Finance Act of 2022. Alongside Justices Christine Meoli and Lawrence Mugambi, Majanja upheld most provisions but struck down the Housing Levy, criticising its narrow focus on salaried employees while sparing the unsalaried. It was a fitting capstone to a career defined by fairness and clarity.

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