Section 5 of Public Trustee Act CAP 168: Appointment of Public Trustee

A person qualifies for appointment as the Public Trustee if the person — (a) has at least fifteen years' experience as a legal practitioner or is a distinguished academic in the legal field; or (b)...

There is established an office to be known as the Public Trustee which— (a) shall be a body corporate with perpetual succession and a common seal; (b) may acquire, hold and dispose of property;...

(1) Where a person is missing for at least one hundred and eighty days, the Public Trustee may make an application to the court and the court may by order — (a) declare the person to be a missing...

(1) On application, the court may appoint the Public Trustee to act as a guardian for adults who are incapable of taking decisions by virtue of age, infirmity or any other reason that may be...

(1) There is established an Investment Board to be known as the Public Trustee Investment Board. (2) The Investment Board shall comprise of— (a) the Solicitor-General as the Chairperson; (b) the...

The functions of the Board shall be to– (a) review and oversee matters pertaining to the investment of estate and trust funds; (b) formulate, review and oversee the implementation of the Public...

The Public Trustee may receive payments of compensation under the Work Injury Benefits Act (Cap. 236), Pensions Act (Cap. 189), Civil Servants Group Accident Insurance Scheme and any other payment...

(1) Where a report of action taken under section 46 of the Law of Succession Act (Cap. 160) has been made to the Public Trustee, or where the Public Trustee has been informed of the death of any...

Where the consent of a person is required before the appointment of the Public Trustee as an administrator or trustee and the person required to give consent is declared to be missing by a court of...

Where the particular circumstances of any case appear to the court so to require, the court may, if it thinks fit for reasons recorded in its proceedings, of its own motion or otherwise, after having...

(1) Where the estate of a deceased person consists of property of an estimated gross value not exceeding three million and the deceased has died intestate or left a will in such circumstances that the...

(1) At any time after a grant of letters of administration to the Public Trustee under this Act, any person to whom the court might have committed administration if no such grant had been made may...

If at any time the agent or agents in charge of any estate belonging to any person not residing in Kenya die leaving the property without any responsible person in charge thereof, the Public Trustee...

Where probate of the will or letters of administration has been granted to the Public Trustee under this Act or where the Public Trustee, in accordance with the provisions of section 8(1), is...

(1) The Public Trustee may convert into money all movable property of an estate which he administers under this Act, and may with the consent of the court convert into money all or any part of the...

Notwithstanding any rule of law to the contrary, the fees payable to the Public Trustee under this Act and any rules made thereunder and any court fees and realization expenses and other charges...

(1) Any person beneficially interested in any immovable property vested in the Public Trustee may apply by petition to the court for a partition thereof, and the court, if satisfied that partition...

(1) Where a person dies leaving estate in Kenya consisting of movable property only and also estate in Uganda, Tanzania, or Malawi administration whereof is committed to the AdministratorGeneral or...

(1) Where the administration of an estate has been committed to the Public Trustee and he receives assets which at the time of the death of the deceased were situated outside Kenya, those assets shall...

(1) The Public Trustee may— (a) act as personal representative of a deceased person; (b) act as an ordinary trustee of any trust not prohibited under this Act or any other law; (c) act as a...

(1) Any person intending to create a trust other than a trust which the Public Trustee is prohibited from accepting under this Act may, by the instrument creating the trust, and with the consent of...

If the property is subject to a trust other than a trust which the Public Trustee is prohibited from accepting under this Act, and there is no trustee within Kenya willing or capable to act in the...

(1) Subject to any rules made under this Act, the Public Trustee may, if he consents to act as such, and whether or not the number of trustees has been reduced below the original number, be appointed...

If any person suffering from mental disorder, within the definition of that term contained in section 2 of the Mental Health Act (Cap. 248) of whose estate the Public Trustee has been appointed...

The Public Trustee shall not be required by any court to enter into any bond or security on his appointment in any capacity under this Act.

The court may make such orders as it thinks fit respecting any trust property vested in the Public Trustee or the interest or produce thereof.

The Public Trustee may, in addition to any other powers of expenditure lawfully exercisable by him, incur expenditure on such acts as may be necessary for the proper care and management of any...

(1) Deleted by Act No. 6 of 2018, s. 15. (2) The Public Trustee shall appoint such person or persons as he shall think fit to act as his agents in the managing, collecting and getting in of property...

(1) The Government shall be liable to make good all sums required to discharge any liability which the Public Trustee, if he were a private executor, administrator or trustee, would be personally...

The Attorney-General may make rules for— (a) defining the duties of the Public Trustee; (b) defining the powers and liabilities of agents, appointing such persons as may be thought advisable to be...

The provisions in the Unclaimed Financial Assets Act (Cap. 494) that require institutions to remit unclaimed assets to the Unclaimed Financial Assets Authority shall not apply to the Public Trustee.

The Public Trustee may apply alternative forms of dispute resolution mechanisms to resolve disputes relating to the administration of estates and trusts.