Section 25 of Public Trustee Act CAP 168: Other provisions regarding Public Trustee

(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 belonging to deceased persons whose estates are in course of administration by him or of any estate of which he is the trustee; and the agents shall—
(a) in all respects act in the management, collection and getting in of property under the direction of the Public Trustee, who shall not be answerable for any act or omission of an agent not in conformity with his direction or which has not happened by the Public Trustee’s own fault or neglect;
(b) find security to the satisfaction of the Public Trustee for the performance of his duty;
(c) be remunerated either by salary or by such fees or portion thereof chargeable under this Act as the Attorney-General shall fix.
(3) In all proceedings under this Act and in all proceedings at law, the Public Trustee shall sue and be sued by the name of the Public Trustee, and it shall be necessary to state and prove his authority and title in the specific estate to which the proceedings may relate, but not his general authority or
appointment.
(4) The Public Trustee shall be at liberty without the previous leave of the court to instruct and employ an advocate in any case he thinks fit and the advocate shall be remunerated out of the funds of the particular estate involved.
(5) Whenever the office of Public Trustee becomes vacant by the death or removal or absence from Kenya of the Public Trustee for the time being, and another officer is appointed to that office during the pendency of any petition, action, suit or other proceeding that petition, action, suit or other
proceeding shall not abate or become defective, but shall be continued by or against the officer newly appointed.
(6) Neither the Public Trustee nor any agent shall be personally liable to any person in respect of goods or chattels in the possession at the time of his death of any person whose estate is administered by the Public Trustee, which shall be sold by the Public Trustee or agent, unless the Public Trustee or agent knew or had actual notice before the sale that the goods or chattels were not in fact the property of the person whose estate is being administered by him; and generally neither the Public Trustee nor an agent shall be liable for any act done by him bona fide in the supposed and intended performance of their duties, unless it is shown that the act was done not only illegally, but wilfully or with gross negligence:
Provided that, in case of a sale by the Public Trustee or agent of goods or chattels belonging in fact to any third person, the amount realized by the sale thereof shall be paid over to the owner upon proof by him of ownership, unless it has already been applied in payment of the debts of the deceased or has been distributed according to a will of the deceased in the ordinary course of administration whilst the Public Trustee or agent was in ignorance and without actual notice of the claim of that person to the goods or chattels sold.
(7) Deleted by Act No. 6 of 2018, s. 15.
(8) The Public Trustee may whenever necessary for the purposes of this Act, summon and examine witnesses on oath and compel the production of documents.
(9) The annual accounts of the Public Trustee shall be prepared, audited and reported in accordance with the Public Audit Act (Cap. 412B).