Public Trustee Act Cap 168 in Kenya

This Act may be cited as the Public Trustee Act

In this Act, except where the context otherwise requires— "agent" means an agent of the Public Trustee appointed under section 25(2); "Board" means the Investment Board established under section 5E; "Certificate of Summary Administration" means a certificate issued under section...

The objects of the Act are to provide for— (a) a manager, administrator, executor or trustee; (b) trustee and executor services to the public; and (c) the establishment of the Public Trustee Investment Board for purposes of investment.

Where there is a conflict between any of the provisions of this Act and those of the Law of Succession Act (Cap. 160), the provisions of this Act shall prevail, unless it is expressly provided to the contrary in the Law of Succession Act (Cap. 160).

The Attorney-General may appoint a fit and proper person to be Public Trustee (hereinafter referred to as the Public Trustee), and may also appoint one or more Deputy Public Trustees and one or more Assistant Public Trustees to assist the Public Trustee; and any Deputy or Assistant so appointed...

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) qualifies to be appointed as a judge.

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; and (c) is capable of suing and being sued in its corporate name.

(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 person; and (b) appoint the Public Trustee as trustee of— (i) part of the property of the 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 considered by the court. (2) Where any amount of money becomes payable to any person described under...

(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 person for the time being in charge of public investment and portfolio management at the ministry...

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 Trustee Investment Policy; and (c) advise the Attorney-General on the management of the investment...

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 arising from compensation as a result of an accident and administer the funds as prescribed.

(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 person in Kenya and has been requested to take action in respect of the deceased’s estate by any person...

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 law, the appointment of the Public Trustee may be made without the consent from the missing...

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 heard the Public Trustee, grant under the Law of Succession Act (Cap. 160) letters of administration...

(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 Public Trustee may apply for a grant of probate or letters of administration pursuant to section 6,...

(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 apply to the court for revocation of the grant and for a grant to himself of probate of the will or...

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 shall, when that fact comes to his notice, apply to the court for an order to take charge of the...

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 administering the estate of a deceased person without having made application for any such grant, then,...

(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 immovable property of the estate: Provided that if all parties interested in the immovable 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 incurred by the Public Trustee in collecting and realizing the assets of the estate of a deceased person...

(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 would be beneficial to all persons interested, may appoint one or more arbitrators to effect it. (2)...

(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 Public Trustee of any such territory, the Public Trustee may, if requested so to do by the...

(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 for all purposes be treated in the same manner as assets within Kenya at the time of...

(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 custodian trustee; (d) act as a custodian of property of missing persons; (e) act as a custodian of enemy...

(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 the Public Trustee, appoint him by that or any other sufficient description to be either sole or joint...

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 trust, the court may on application make an order for the appointment of the Public Trustee by that...

(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 to be custodian trustee of any trust— (a) by order of the court made on the application of any...

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 manager under section 38 of that Act, or any minor is entitled to any gift legacy or share of the assets...

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.