Trustees Perpetual Succession Act Cap 164 in Kenya

This Act may be cited as the Trustees (Perpetual Succession) Act.

In this Act, unless the context otherwise requires— "Cabinet Secretary" deleted by Act No. 3 of 2024, Sch.; "charitable trust" means a trust established under section 3B; "constitution" means the rules, regulations, terms and documents relating to the objects of a trust and regulating the...

(1) Any person or body of persons who have lawfully constituted themselves for the purpose of forming a trust may apply to the Registrar for a certificate of incorporation. (2) The Registrar shall within sixty days of receipt of an application for incorporation of a trust, grant or reject the...

(1) Unless a trust contains an express power of revocation, it shall be deemed to be an irrevocable trust. (2) A trust shall be deemed to be irrevocable if an express power of revocation has not been exercised by the settlor during the lifetime of the settlor.

(1) A charitable trust is a trust formed for the exclusive purpose of the relief of poverty, the advancement of education, religion or human rights and fundamental freedoms, or the protection of the environment or any other purpose beneficial to the general public. (2) A trust shall be deemed to be...

(1) A non-charitable trust may be created for a specific purpose notwithstanding the absence of any beneficiary. (2) A non-charitable purpose trust becomes valid if - (a) the purpose, whether partly charitable or not, for which the trust is created is specific, capable or fulfilment and is not...

(1) A family trust is a trust, whether living or testamentary, partly charitable or non-charitable, that is registered or incorporated by any person or persons, whether jointly or as an individual, for the purposes of planning or managing their personal estate. (2) A family trust shall be - (a)...

(1) Subject to the terms of the trust, a trustee may accept from any person any property to be added to the trust property. (2) Where the settlor declares a trust in respect to a property which he does not own at the time of the declaration, no rights or duties shall arise under the trust...

(1) A trust shall be valid and enforceable in accordance with the terms of the trust. (2) A trust is invalid if - (a) it is created for a purpose or purports to do anything which is illegal in Kenya; (b) it has no identifiable ascertainable beneficiary; (c) it is established by duress, fraud,...

(1) A beneficiary of a trust shall be identifiable or ascertainable in reference to a class or relationship with another person, whether living or dead. (2) Subject to subsection (1), the terms of a trust may expressly provide for the addition or exclusion of a person in a class of persons eligible...

Where a trust is created in favour of a class of persons - (a) the class shall be deemed to close when it is no longer possible for any person to become a member of that class; and (b) where the interests in a class relate to income, and no member of the class exists, the income shall be...

(1) Subject to the terms of the trust, a beneficiary may disclaim his or her interest or any part of it, where or not he has received any benefit from the trust. (2) A disclaimer shall be in writing addressed to the trustees.

(1) An enforcer may be appointed in accordance with the terms of the trust. (2) The functions of an enforcer shall be to - (a) enforce the terms of the trust; (b) inquire into the status of implementation of the trust; (c) require the trustee to take remedial action, where there is breach of the...

The certificate of incorporation shall vest in the body corporate all movable and immovable property and any interest therein belonging to or held by any person or persons for the benefit of the trust concerned.

(1) An application to the Registrar for a certificate under this Act shall be in writing, signed by the person or persons making it, and shall contain the several particulars specified in the First Schedule, or such of them as shall be applicable to the case. (2) The Registrar may require such...

(1) Before a certificate of incorporation is granted the trustees shall have been effectually appointed or constituted to the satisfaction of the Registrar, and where a certificate of incorporation has been granted vacancies in the number of trustees shall from time to time be filled so far as is...

A certificate of incorporation so granted shall be conclusive evidence that all the preliminary requirements of this Act in respect of the incorporation have been complied with, and the date of incorporation mentioned in the certificate shall be deemed to be the date at which incorporation has taken...

(1) The trustees in respect of whom a certificate of incorporation has been granted under this Act may apply to the Registrar to vary any of the conditions or directions contained in the certificate, and the Registrar, after calling for such evidence and information as he may require, may, if he is...

(1) The Registrar shall keep and record in a register kept for that purpose each application, order and other document lodged or given under the provisions of this Act, and a duplicate of each certificate of incorporation issued under this Act. (2) Any person, on completion of the prescribed form...

All conditions and directions inserted in any certificate of incorporation shall be binding upon and performed or observed by the trustees as terms of the trust concerned.

Every application for a certificate of incorporation under this Act and every such certificate shall be charged with the prescribed fee set out in the Second Schedule.

After the incorporation of any trustees pursuant to this Act, every donation, gift and disposition of movable or immovable property, or any interest therein, theretofore lawfully made (but not having actually taken effect) or hereafter lawfully made by deed, will or otherwise to or in favour of the...

(1) The common seal of the corporate body shall have such device as may be approved by the Registrar, and until a common seal is provided the seal of some person may be authorized by the Registrar for use as the common seal of the corporate body. (2) Any instrument to which the common seal of the...

(1) When any question arises as to whether a person is a member of a body incorporated under this Act, any person interested in that question may apply by petition to the High Court for its opinion thereon. (2) Notice of the hearing shall be given to such persons and in such manner as the court...

Any person desiring information may apply in person to the Registrar and, on completion of the prescribed form and on payment of the prescribed fee, may inspect the register relating to the document mentioned in the form.

(1) The Registrar may, if he is satisfied that the circumstances of the case so justify, order that the name of a corporate body be changed. (2) The Registrar may, if he is satisfied that a corporate body in respect of which a certificate of incorporation has been granted under this Act, has ceased...

The Registrar may make regulations for the purpose of regulating any matter or thing to be done under this Act, including the specifying of fees and the prescribing of forms, and generally for the better carrying out of the provisions of this Act.