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public trustee act kenya explained

Public Trustee Act, Kenya Explained

Table of Contents

  1. Introduction

  2. The Public Trustee

  3. Powers and Duties of the Public Trustee

  4. Appointment of the Public Trustee

  5. Administration of Trusts

  6. Conclusion

Introduction

This document will provide an explanation of the Public Trustee Act, Cap. 164 of the Laws of Kenya. This Act establishes the office of the Public Trustee and outlines its powers, duties, and responsibilities in administering trusts and estates.

1. The Public Trustee

The Public Trustee is a statutory body established under the Public Trustee Act, Cap. 164 of the Laws of Kenya. The Public Trustee is a public officer appointed by the President of Kenya. The Public Trustee is responsible for administering trusts and estates, particularly those where there is no appointed trustee or where the appointed trustee is unable or unwilling to act.

2. Powers and Duties of the Public Trustee

The Public Trustee has a wide range of powers and duties under the Public Trustee Act. These include:

  • Acting as trustee: The Public Trustee can act as a trustee of any trust, whether created by will, deed, or other instrument. This includes trusts for charitable purposes, trusts for the benefit of individuals, and trusts for the benefit of the public.

  • Administering estates: The Public Trustee can administer the estates of deceased persons, including collecting assets, paying debts, and distributing the estate to beneficiaries.

  • Investing trust funds: The Public Trustee has the power to invest trust funds in accordance with the provisions of the Trust Property Investment Act, Cap. 163 of the Laws of Kenya.

  • Managing trust property: The Public Trustee has the power to manage trust property, including real estate, shares, and other assets.

  • Protecting the interests of beneficiaries: The Public Trustee has a duty to protect the interests of beneficiaries of trusts and estates. This includes ensuring that the trust property is properly managed and that the beneficiaries receive their rightful share of the trust property.

3. Appointment of the Public Trustee

The Public Trustee is appointed by the President of Kenya. The appointment is made on the advice of the Cabinet Secretary responsible for the administration of justice. The Public Trustee must be a person of integrity and good character, and must have experience in the administration of trusts and estates.

4. Administration of Trusts

The Public Trustee Act provides a detailed framework for the administration of trusts by the Public Trustee. This includes provisions relating to:

  • Acceptance of trusts: The Public Trustee may accept or refuse to act as trustee of any trust.

  • Powers of the Public Trustee: The Public Trustee has the power to exercise all the powers of a trustee, including the power to sell, lease, or mortgage trust property.

  • Duties of the Public Trustee: The Public Trustee has a duty to act in the best interests of the beneficiaries of the trust.

  • Remuneration of the Public Trustee: The Public Trustee is entitled to receive remuneration for their services, which is determined by the Minister responsible for the administration of justice.

  • Accounts and audits: The Public Trustee is required to keep proper accounts of all trust property and to have these accounts audited annually.

5. Conclusion

The Public Trustee Act is an important piece of legislation that provides a framework for the administration of trusts and estates in Kenya. The Public Trustee plays a vital role in ensuring that trusts are properly administered and that the interests of beneficiaries are protected. The Act provides a comprehensive framework for the administration of trusts, including provisions relating to the appointment of the Public Trustee, the powers and duties of the Public Trustee, and the administration of trust property.

Sources:

  • Public Trustee Act, Cap. 164 of the Laws of Kenya

  • Trust Property Investment Act, Cap. 163 of the Laws of Kenya

  • Constitution of Kenya, 2010

  • The Law of Trusts in Kenya by Githendu K. Ndung'u

  • The Law of Succession in Kenya by Githendu K. Ndung'u

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