On 25th September 2026, Kenya’s law on trusts changed fundamentally. The Trust Administration Act, 2026 (Act No. 28 of 2026) replaced two statutes that had governed trusts for decades, moved trust registration to a dedicated Registrar of Trusts within the Business Registration Service, and introduced, for the first time in a single trust statute, mandatory beneficial ownership disclosure, statutory trustee duties backed by criminal penalties, annual returns, and a formal distinction between registered and incorporated trusts.
Existing trusts are recognized under the transitional provisions, but their trustees must review their deeds, records and practices against the new law. The ordinary transition period is a 24-month window from commencement, pointing to 25 September 2028, subject to the Registrar’s statutory directions and, for the relevant beneficial ownership filing, an extension where granted.
For a look back at how trusts were previously established under the old legal framework, read our earlier comprehensive guide: A Comprehensive Guide to Registering a Trust in Kenya and our insights on Family Trusts and Taxation in Kenya.)
What is the Trust Administration Act 2026 and what is its purpose?
The Trust Administration Act, 2026 is described in its long title as an Act of Parliament to consolidate the laws relating to the registration, incorporation, management and regulation of trusts and trustees. Before the Act, Kenyan trust law was fragmented: trust deeds were registered under the Registration of Documents Act, trustees could incorporate as a body corporate under the Trustees (Perpetual Succession) Act, and trustee powers and duties largely came from the Trustees Act and equity. In practical terms, it aims to:
- create one registry and one register for trusts under a dedicated Registrar of Trusts (sections 77-78);
- provide two clear formal routes, registration (no legal personality) and incorporation (body corporate) for written trusts (Parts III and IV);
- codify the types of trusts, the parties to a trust (settlor, trustee, beneficiary and the new enforcer), and their powers (Part II);
- set out enforceable trustee duties, powers, liabilities and sanctions (Parts VI to VIII);
- introduce beneficial ownership registers and ongoing filings in line with Kenya’s anti-money laundering framework (Part IX, and sections 35, 48 and 78); and
- establish rules for dissolution, restoration and transition of existing trusts (Parts XIII and XVI).
When does the Act commence?
The Act received Presidential Assent on 8th September 2026, was published in Kenya Gazette Supplement No. 223 on 11th September 2026, and came into force on 25th September 2026 (the Date of Commencement stated in the Act). From that date, the Act is in force and governs new trusts, while existing trusts benefit from the transitional provisions in section 99.
Which Acts does the Trust Administration Act repeal or amend?
Section 99(1) repeals two statutes in their entirety:
- The Trustees (Perpetual Succession) Act (Cap. 164), the statute under which trustees previously applied to incorporate as a body corporate with perpetual succession. The new Act now governs incorporation and regulation.
- The Trustees Act (Cap. 167), the general statute on trustees’ powers, investments, appointment and retirement of trustees, and related court powers. The new Act supplies the consolidated statutory framework for trustee powers, duties and liability.
The Act also makes two consequential amendments:
- Registration of Documents Act (Cap. 285), section 97 inserts a new paragraph (viii) into section 4(1), explicitly including “a trust deed or deed of appointment of trustees registered under the Trust Administration Act”. The legal effect is that a trust deed or deed of appointment of trustees registered under the new Act is added to the documents exempted from compulsory registration under that provision.
- Business Registration Service Act (Cap. 499B), section 98 inserts “trust” into the long title and “trusts” into section 4(1), formally bringing trusts within the mandate of the Business Registration Service (BRS).
How does the Act define a trust?
Section 2 defines a “trust” by reference to its creation under section 4. Under section 4, a trust is created where three elements are present:
- Property: an identifiable property or interest in property is transferred to, vested in, or placed under the control of a trustee, or the owner declares that the property is held in trust;
- Beneficiaries or purpose: the property is held for the benefit of one or more beneficiaries (or a class of beneficiaries) or for a specified lawful purpose; and
- Administration: the trustee is appointed to administer, control or dispose of the property in accordance with the trust deed, the operation of law or a court order.
A trust is therefore a legal arrangement involving duties concerning identified property. It does not automatically become a separate legal person merely because the parties sign a deed. Separate corporate personality follows incorporation under section 32. Trust property can include money, land, movable property, intangible property and rights or interests in property.
Can a trust be oral or implied, or must it be in writing?
Section 5(1) confirms that a trust may be in writing or implied. However, a written trust must be registered or incorporated under the Act (section 5(2)), and it is not enforceable unless it is registered or incorporated (section 5(3)). A person claiming an interest under an unregistered written trust may apply to court for its recognition or enforcement (section 5(4)). Non-registration is also listed as a ground on which a trust may be declared invalid (section 6(1)(f)).
Is a trust revocable or irrevocable?
Under section 7(1), a trust is deemed irrevocable unless the trust deed contains an express power of revocation by the settlor. Furthermore, if a revocable trust exists and the settlor fails to exercise the power of revocation during their lifetime, the trust automatically becomes irrevocable upon the settlor’s death (Section 7(2)). Settlors who wish to retain flexibility must therefore reserve that power expressly in the deed.
Can a trust be declared invalid? What protects it against creditors?
Under Section 6(1), a trust may be declared invalid if:
- It is created for an illegal purpose or purports to do anything illegal in Kenya;
- It has no identifiable or ascertainable beneficiaries (unless it is a non-charitable purpose trust);
- It was established through duress, fraud, misrepresentation, or in breach of fiduciary duty;
- Its terms are so uncertain that performance is impossible;
- The settlor lacked legal capacity; or
- The trust has not been registered or incorporated under the Act.
A trust does not become void simply because the settlor becomes bankrupt, liquidates assets, or faces creditor lawsuits. However, the High Court retains statutory power to declare a trust void if creditors prove that the trust was established for fraudulent purposes, including to evade creditors. Where lawful and unlawful purposes can be separated, the court may uphold the trust as to its lawful purposes (section 6(4) – (5)).
Separately, section 35 provides that property acquired illegally does not form part of trust property and may be recovered or forfeited under the Proceeds of Crime and Anti-Money Laundering Act.
What types of trusts does the Act recognize?
The Act expressly categorizes trusts into three principal classes:
| Type |
Key features |
Minimum trustees (s.11) |
| Charitable trust (s.8) |
Formed for the exclusive purpose of relief of poverty, advancement of education, religion, human rights and fundamental freedoms, protection of the environment, or any other purpose beneficial to the general public. Objects may be pursued in Kenya or elsewhere and must benefit the public or a section of it. |
At least three natural persons or one licensed corporate trustee |
| Non-charitable purpose trust (s.9) |
Established for a specific purpose that does not qualify as charitable. May exist without any beneficiary, but the purpose must be specific, capable of fulfilment and lawful, and the deed must provide for disposal of surplus assets on termination. |
At least three natural persons or one corporate trustee |
| Family trust (s.10) |
A living or testamentary trust, partly charitable or non-charitable, registered or incorporated by one or more persons to plan or manage their personal estate. Must be made in contemplation of beneficiaries (related or not), for preservation or creation of wealth for generations, and be a non-trading entity. The settlor may also be a beneficiary. |
At least one trustee |
Note: Where trustees are natural persons, at least one trustee must be a Kenyan citizen or a resident of Kenya. This is significant for diaspora and foreign settlors.
Who is a settlor and what powers can a settlor reserve?
A settlor is a person who establishes a trust and includes a founder or donor (section 2). A settlor must have the legal capacity to contract, that is, not be a minor and be of sound mind when transferring property to the trust (section 12(1) – (2)).
A settlor may also be a trustee, beneficiary or enforcer, but may not be the sole beneficiary of his or her own trust (section 12(3)).
Subject to the trust deed, section 13 allows a settlor to reserve powers to revoke, vary or amend the trust; direct or approve distributions of trust capital or income; give directions on investment and management of trust property; appoint or remove trustees, enforcers, beneficiaries or other office-holders; appoint or remove a trust agent; and restrict trustees’ powers. Reserving these powers does not make the settlor a trustee (section 13(2)), and the powers may be delegated (section 13(3)).
What is an enforcer, and is one mandatory?
The enforcer is one of the Act’s most significant innovations. Subject to the trust deed, the settlor, or, in the settlor’s absence, a beneficiary may appoint one or more enforcers. An enforcer oversees the trustees’ implementation of the deed. An enforcer is optional but, once appointed, the Registrar must be notified within 21 days (section 14(2)).
An enforcer’s functions may include enforcing the trust deed, inquiring into implementation of the trust, requiring trustees to take remedial action, reporting breaches to the settlor or beneficiaries, and pursuing civil or criminal action against trustees. An enforcer has access to all documents and accounts necessary for these functions, cannot simultaneously act as a trustee, must not profit directly or indirectly from the role, and is protected from personal liability except for fraud, dishonesty, or wilful misconduct. Trustees must notify the Registrar within 21 days when an enforcer ceases to hold office, failing which administrative sanctions of KES 5,000 (natural person) or KES 10,000 (body corporate) apply.
Who can be a beneficiary?
A beneficiary must be identifiable by name, or ascertainable by reference to a class or to a relationship with another person. The deed may provide for adding or excluding beneficiaries and may attach conditions to benefits. A settlor or trustee may also be a beneficiary. Class gifts close when no one else can join the class, and a beneficiary may disclaim his or her interest in writing.
Can a company that has been dissolved in Kenya be brought back to life?
Yes, in defined circumstances. The Companies Act, 2015, under Sections 905 to 918, provides two distinct restoration routes: administrative restoration by the Registrar, and restoration by order of the High Court. Both are only available within statutory time limits, and both require the applicant to satisfy specific conditions.
Who can be a trustee?
Under section 36(1), a natural person who is above 18 years qualifies, provided the person is not disqualified for the following reasons:
- has been disqualified from acting as a company director or secretary under the Companies Act;
- is disqualified from acting as a liquidator or administrator under the Insolvency Act;
- has been declared mentally incapacitated under the Mental Health Act;
- has been convicted of an offence attracting imprisonment exceeding six months;
- has been convicted of corruption or an economic crime; or
- is an undischarged bankrupt (or, for a corporate trustee, has been declared insolvent).
A corporate trustee must be a company incorporated under the Companies Act whose main object is to provide corporate trustee services, must not be otherwise disqualified, and must meet licensing or prescribed requirements. It must also have a local contact person who is a natural person resident in Kenya. Licensing of corporate trustees is expressly left to the Regulations (which will come out later).
Which authority is responsible for registering trusts in Kenya?
Under Section 77, trust administration is centralized under the Office of the Registrar of Trusts, established as a specialized statutory office within the Business Registration Service (BRS).
The Registrar of Trusts maintains the central National Register of Trusts, issues certificates of registration and incorporation, rectifies the register, receives annual returns and beneficial ownership filings, maintains electronic registries, dissolves and restores trusts, and exercises investigative and enforcement oversight.
What is the difference between a “Registered Trust” and an “Incorporated Trust”?
The Act offers two formal routes for written trusts: Registered Trusts and Incorporated Trusts.
Both are recognized routes under the Act, but only incorporation confers corporate personality.
| Feature |
Registered trust |
Incorporated trust |
| Statutory route |
Part III, sections 22–27 |
Part IV, sections 28–33 |
| Certificate |
Certificate of Registration |
Certificate of Incorporation |
| Name ending |
Registered Trust |
Incorporated Trust |
| Effect of certificate |
Conclusive evidence of compliance and registration as an unincorporated trust (s.27(1)) |
Conclusive evidence of compliance and due incorporation (s.30(4)) |
| Name Reservation |
Not required |
Required before application. |
| Legal Status |
Unincorporated Trust |
Full Body Corporate |
| Separate legal personality |
Does NOT confer separate legal personality (Section 27(2)). Operates through its trustees. |
Enjoys separate legal personality distinct from trustees and beneficiaries. |
| Property and proceedings |
Acts through trustees in their representative capacity, subject to the deed and law |
Can hold and deal with property, and sue or be sued, in its own corporate name |
| Perpetual Succession |
Continuity depends on the ongoing appointment and replacement of trustees. |
Has independent, unbroken perpetual succession regardless of trustee changes. |
| Continuing compliance |
Record, beneficial ownership and filing duties apply |
Record, beneficial ownership and filing duties apply |
| Conversion Pathway |
A registered trust may apply at any time under Section 33 to convert into an Incorporated Trust. |
Upon incorporation under Section 33, it ceases to exist as an unincorporated registered trust. |
The choice is not simply about obtaining a certificate. It affects how assets are held, contracts are entered into, and proceedings are brought. Incorporation does not immunize trustees from personal responsibility for their own breaches.
What are the requirements for registering a trust in Kenya?
Under section 22(2), an application for registration must be lodged with the Registrar in the prescribed manner and be accompanied by:
- the trust deed;
- the prescribed fee;
- a copy of the register of beneficial owners;
- a statement of initial trust property in the prescribed form;
- a statement of the initial enforcers (if any), with their written acceptance to act;
- a copy of the court order, if the trust was created by court order; and
- any other prescribed information or documents.
The application itself must disclose the nature and type of trust; the date it was established; its purpose; details of the settlor, beneficiaries, initial trustees, initial enforcers and beneficial owners; and the proposed registered address of the trust or the address of the trust agent. Where a trust agent applies on behalf of the settlor or trustees, the agent must include its name, address and acceptance to act.
What must the trust deed contain, and how is it executed?
Section 23 prescribes the minimum contents of the trust deed. The deed must set out terms for creating and managing the trust; the process for appointing and removing trustees; a statement that the trustees have agreed to act; the type and purposes of the trust; the trust property; details of the initial trustees (names, addresses and roles); the written acceptance of any trustee or enforcer; whether the trustee must provide security; and the beneficiaries by name or by a clear class description. The deed must be executed by the settlor (or representative) and the trustees, with signatures attested by a witness who provides his or her occupation and postal address (section 23(2)).
Beyond the express minimum, a workable deed should address decision-making, investment authority, distributions, conflicts, remuneration, replacement trustees, reserved powers, amendment, dispute resolution and the destination of property on termination. These provisions help the trust operate when a founder becomes incapacitated, family circumstances change, or trustees disagree.
| Note for existing deeds
Many deeds drafted under the old regime will not contain all section 23 elements, for example, an express trustee removal mechanism, security provisions, or enforcer clauses. A deed review should be the first step in any transition exercise. |
What are the additional requirements for incorporation?
The incorporation route begins with name reservation under section 28. Section 29 requires a copy of the reserved name, particulars of the trustees, trust type and nature, creation date, settlor, beneficiaries, beneficial owners, enforcer where applicable, purpose and proposed registered address. A family trust may use the trust agent’s address as provided in the section.
The application must be accompanied by the deed, prescribed fee, statement of initial property, beneficial ownership register and any further required documents. Where a trust agent submits it, the agent’s name and address must be supplied. Successful incorporation produces a certificate identifying the incorporated trust, its unique number, incorporation date and nature or type. The certificate of incorporation is the conclusive evidence of due incorporation.
Can an application be refused, and is there a guaranteed processing period?
The Registrar may refuse registration or incorporation where the statutory conditions are not met, including unlawful purposes or failure to satisfy the Act’s requirements. The applicant must be allowed to be heard or regularise the application. A refusal and its reasons must be communicated in writing within fourteen days of the determination.
That fourteen-day period is a deadline for communicating a refusal after determination, not a guarantee that every application will be completed within fourteen days.
A registration may only be revoked pursuant to a court order (section 26).
What happens to trusts registered or incorporated before the Act?
A: Existing trusts are not extinguished. Section 99(2) provides that:
- Deemed recognition: a trust incorporated under the repealed Trustees (Perpetual Succession) Act, or created by registration of the deed under the Registration of Documents Act, and in existence at commencement, is deemed to be a valid trust under the Act (s.99(2)(a));
- 24-Month Compliance Window: All existing trusts must regularize and bring their documentation and governance into full compliance with the Act within twenty-four (24) months from 25th September 2026 (i.e., by 24th September 2028), or within such period as directed by the Registrar.
- Beneficial Ownership Filing: Existing trusts have 24 months to prepare and lodge their Register of Beneficial Owners with BRS (Section 66(2)).
- Recall and Re-issuance of Certificates: The Registrar is empowered under Section 99(3) to recall all old certificates issued under Cap. 164 and issue modern Certificates of Incorporation.
- Vesting rights and liabilities: all rights, powers, liabilities and duties of the existing trust transfer to and are enforceable by or against the trust under the Act (s.99(2)(c)); and
- existing settlors, trustees, beneficiaries and enforcers are deemed to hold the same roles under the Act (s.99(2)(d)).
As an existing trustee, what should I do now?
An orderly transition begins with a review of the current certificate, deed and amendments. Trustees should then:
- Establish the trust’s existing legal status and category and confirm that its purposes remain lawful and clearly expressed.
- Check trustee eligibility, required numbers, citizenship or residence and replacement arrangements.
- Gap-analyse the deed against sections 11, 23 and 51(4), trustee numbers, Kenyan citizen or resident trustee, appointment and removal mechanisms, investment authority, enforcer provisions and dispute resolution.
- Identify beneficial owners and prepare the register required by sections 65-66.
- Establish record-keeping and accounting systems that meet sections 47, 48, 63 and 64.
- Decide whether to remain registered or to incorporate and plan any vesting of property accordingly.
- Appoint a trust agent where helpful and diarize annual returns and 21-day notification obligations.
- Monitor the Regulations and any directives the Registrar issues under sections 79 and 99(2)(b).
What is a beneficial owner under the Act?
Section 2 defines a beneficial owner as the natural person who ultimately owns or controls a legal person or arrangement, or on whose behalf a transaction is conducted, and includes persons who exercise ultimate effective control over a legal person or arrangement. The definition mirrors international anti-money laundering standards and is designed to look through nominees, corporate trustees, and layered structures to the real individuals behind a trust.
What beneficial ownership obligations does the Act impose?
Part IX of the Act creates a continuing beneficial ownership regime:
- Keep a register: every trust must compile and keep a register of its beneficial owners containing the prescribed information (section 65).
- Lodge the register: a copy must be lodged with the Registrar (section 66(1)), including with the application for registration or incorporation (sections 22(2)(c) and 29(2)(d)). Pre-commencement incorporated trusts have 24 months to lodge (section 66(2)). Default attracts an administrative penalty of KES 10,000 (natural person) or KES 20,000 (body corporate).
- Update changes: any change must be recorded and lodged with the Registrar within 21 days, with the same default penalties (section 67).
- Retain records: beneficial ownership records must be kept for at least seven years after a person ceases to be a beneficial owner (section 68).
Does greater transparency make every family trust publicly searchable?
The Act strengthens disclosure, but it does not establish unrestricted public access to every trust’s deed, beneficiaries or finances. Section 78(8) identifies categories to whom the Registrar may disclose information, including specified trust participants, competent authorities, anti-money-laundering supervisory bodies, reporting institutions, persons permitted by written law and recipients under a court order.
Section 49 regulates trustees’ use and disclosure of trust information, including qualifying requests by enforcers, beneficiaries and settlors, statutory compliance and court orders. A settlor’s access under the relevant provision depends on a specifically reserved power; beneficiary access is subject to the deed. Section 91 requires compliance with the Data Protection Act.
The correct message is therefore qualified confidentiality alongside lawful regulatory access
What are the ongoing filing and notification obligations?
The following compliance calendar summarizes the principal recurring and event-driven filings:
| Obligation |
Section |
Deadline |
Sanction for default |
| Annual return |
s.75 |
Within 30 days of each anniversary of registration/incorporation |
KES 3,000 per year of default |
| Notify appointment of trustee (with consent and fee) |
ss.37(2), 38(8) |
21 days |
KES 7,000 / 14,000 (s.37); up to KES 30,000 (s.38) |
| Notify resignation of trustee |
s.39(9) |
21 days |
KES 7,000 / 14,000 |
| Notify removal of trustee |
s.40(4) |
21 days |
KES 7,000 / 14,000 |
| Notify replacement on death or dissolution of trustee |
s.41(3) |
21 days |
KES 7,000 / 14,000 |
| Notify appointment of enforcer |
s.14(2) |
21 days |
— |
| Notify cessation or change of enforcer |
s.17(2)–(3) |
21 days |
KES 5,000 / 10,000 |
| Lodge amendment to trust deed or list of assets |
s.48(4) |
21 days (after any other approvals) |
KES 7,000 / 14,000 |
| Lodge changes to beneficial ownership |
s.67 |
21 days |
KES 10,000 / 20,000 |
| Corporate trustee: notify appointment of officer/committee |
s.44(5) |
21 days |
KES 50,000 |
| Notice of trustee power of attorney (to co-trustees, appointors and Registrar) |
s.58(4) |
21 days |
Offence: up to KES 500,000 or 2 years / KES 2 million |
| Notify appointment or termination of trust agent |
s.76(2) |
21 days |
General penalty may apply (s.93) |
| Respond to information request |
s.49(2) |
14 days |
Offence: up to KES 1 million or 2 years / KES 3 million |
Where amounts are shown as “KES 7,000 / 14,000”, the lower figure applies to a natural person and the higher to a body corporate. In addition, a trustee who commits or is party to a breach of trust faces, on top of personal liability for loss, an administrative penalty of up to KES 1 million (natural person) or KES 5 million (body corporate) under section 61(2). Offences without a specific penalty attract a fine of up to KES 1 million (section 93).
Is the framework complete, or are Regulations still required?
Many of the operational details are left to Regulations to be made by the Attorney-General under section 96, including forms and manner of lodgment, fees, beneficial ownership information, requirements for and licensing of corporate trustees, disqualification, electronic filing, access to information and exemption applications. Until the Regulations are published, some filing mechanics and fees remain to be confirmed, and trustees should keep a close watch on Registrar directives.
What is a trust agent, and do I need one?
A trust agent is a person appointed by the trustees to provide services such as trust formation and advisory work, preparation of registration or incorporation documents, compliance, providing a registered address for a family trust, and lodging statutory documents (section 76(1)). Where appointed for lodgement, address or record-keeping purposes, the trust agent must be an Advocate of the High Court of Kenya, a Certified Secretary or a Certified Accountant, and must be notified to the Registrar within 21 days (section 76(2) – (3)). Work legally reserved for advocates remains reserved.
Appointing an agent does not transfer the trustees’ fiduciary responsibility to that agent. The engagement should specify who gathers information, approves filings, maintains records, and monitors deadlines
How are trust disputes resolved?
Section 94 directs that trust disputes be determined using the dispute-resolution mechanisms set out in the deed. If the deed contains no prescribed method, the High Court determines the dispute.
The Act also contains specific court powers and remedies, including recognition of unregistered written trusts, trustee removal, vesting orders, challenges to certain Registrar decisions and restoration. A dispute clause should therefore be drafted with those statutory remedies in mind, including the need for urgent protection of assets where appropriate.
Read our article on Efficient Estate Planning & Management in Kenya: A Guide to Dispute-Free Succession
How is a trust dissolved or restored?
The Registrar may dissolve a trust on application by the trustees (with a resolution) or by the settlor where the power is reserved, or in compliance with a court order, where the trust’s purpose has been fulfilled or has ceased, has become impossible, or the court has ordered dissolution (section 84). The Registrar must first publish a Gazette notice and wait three months for any person to show cause; dissolution takes effect on publication of a further Gazette notice. Trustee liabilities survive dissolution. An application may be withdrawn before dissolution (section 85). A trust dissolved by the Registrar’s mistake may be restored by the Registrar (section 86), and the court may restore a dissolved trust on application by a trustee, beneficiary or person with a legitimate interest (section 87). Dissolution does not extinguish a trustee’s continuing liabilities. On dissolution, trust property is dealt with under the deed, failing which the court decides (section 89).
Can a foreigner create a trust in Kenya or be a trustee?
Yes. The Act does not restrict settlors or beneficiaries by nationality. However, where trustees are natural persons, at least one must be a Kenyan citizen or resident (section 11(3)), and a corporate trustee must have a Kenyan-resident local contact person (section 36(4)). Foreign nationals holding Kenyan property should also consider land law restrictions on freehold ownership by non-citizens when structuring any trust over land.
Can I be the settlor, a trustee and a beneficiary of my own trust?
Yes, with one limit: a settlor may be a trustee, beneficiary or enforcer but may not be the sole beneficiary (section 12(3)). In a family trust, the settlor may expressly be one of the beneficiaries (section 10(3)). Note, however, that a person cannot be both an enforcer and a trustee (section 15(2)).
Does a registered trust own property in its own name?
A: No. A registered trust has no legal personality (section 27(2)); its property is held by the trustees and must be vested in new trustees whenever trustees change. Only an incorporated trust can hold property in its own name.
How Njaga & Co. Advocates LLP Can Help
Our trusts and estate planning team advises settlors, trustees, families, charities, corporates and diaspora clients across the full life cycle of a trust under the new Act. Our services include:
- Structuring advice, choosing between a family, charitable or non-charitable purpose trust, and between registration and incorporation, alongside wills, family companies and other succession tools.
- Drafting and restating trust deeds that meet sections 23 and 51(4), including enforcer, reserved power, investment, trustee succession and dispute resolution clauses.
- Registration, name reservation, and incorporation with the Registrar of Trusts at the Business Registration Service.
- Reviewing existing trusts and preparing a transition compliance plan under the 2026 Act.
- Trust agent services, as advocates of the High Court of Kenya, acting as trust agent for lodgements, registered address and record-keeping under section 76.
- Conveyancing and vesting of assets, transferring land, shares and other investments into the trust, and vesting property on changes of trustees.
- Ongoing compliance support, annual returns, 21-day notifications, record-keeping and responses to Registrar directives.
- Trust disputes, acting for trustees, beneficiaries and enforcers in removal, breach of trust, accounts and restoration proceedings before the High Court.
