Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2024
- Is amended by The Revision of the Laws Order, 1981

LAWS OF KENYA
TRUSTEES (PERPETUAL SUCCESSION) ACT
CAP. 164
- Published in Kenya Gazette Vol. XXV—No. 890 on 27 June 1923
- Commenced on 31 May 1923
- [Amended by Transfer of Powers (Minister for Education, Labour and Lands) (No. 1) Order, 1955 (Gazette Notice 1603 of 1955) on 22 November 1955]
- [Amended by Transfer of Powers (Minister for Education, Labour and Lands) (No. 2) Order, 1955 (Gazette Notice 1605 of 1955) on 22 November 1955]
- [Amended by Transfer of Powers (Variation) (No. 2) Order, 1960 (Legal Notice 172 of 1960) on 19 April 1960]
- [Amended by Transfer of Powers (Variation) (No. 3) Order, 1960 (Legal Notice 173 of 1960) on 19 April 1960]
- [Amended by Land (Perpetual Succession) (Amendment) Ordinance, 1959 (Act No. 25 of 1959) on 1 January 1961]
- [Amended by Kenya (Amendment of Laws) (Written Laws) Order, 1963 (Legal Notice 2 of 1964) on 12 December 1963]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1964 (Act No. 19 of 1964) on 3 October 1964]
- [Amended by Land (Perpetual Succession) (Amendment) Act, 1980 (Act No. 2 of 1980) on 2 May 1980]
- [Amended by The Revision of the Laws Order (Legal Notice 67 of 1981) on 25 May 1981]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1985 (Act No. 19 of 1985) on 27 December 1985]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 1987 (Act No. 22 of 1987) on 31 December 1987]
- [Amended by Trustee (Perpetual Succession) (Amendment) Act, 2021 (Act No. 13 of 2021) on 23 December 2021]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2024 (Act No. 3 of 2024) on 26 April 2024]
1. Short title
This Act may be cited as the Trustees (Perpetual Succession) Act.[Act No. 2 of 1980, s. 3.]2. Interpretation
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 affairs thereof and the appointment of trustees and other officers thereof;“discretionary trust” means a trust where the beneficiaries or the benefits of the trust become ascertainable once the trust deed sets-out the criteria or at the discretion of the trustees;“enforcer” means the settlor or any other person, body or association of persons who is appointed or replaced by the settlor or the beneficiaries in the absence of the settlor, to monitor the administration of the trust for the benefit of the beneficiaries;“family trust” has the meaning assigned to it under section 3D of this Act;“non-charitable purpose trust” means a trust which is established under section 3C;"pension fund" deleted by Act No. 3 of 2024, Sch.;"Principal Registrar" deleted by Act No. 3 of 2024, Sch.;"provident fund" deleted by Act No. 3 of 2024, Sch.;"the Registrar" has the same meaning assigned to it in section 3(1) of the Companies Act;"trustees" includes a sole trustee.[Act No. 2 of 1980, ss. 3 & 4, Act No. 19 of 1985, Sch., Act No. 22 of 1987, Sch., Act No. 13 of 2021, s. 2, Act No. 3 of 2024, Sch.]3. Incorporation of trustees
3A. Irrevocable trusts
3B. Charitable trusts
3C. Non-Charitable Purpose trust
3D. Family Trust
3E. Adding property to a trust
3F. Validity of a trust
3G. Beneficiaries of a trust
3H. Class of beneficiaries
Where a trust is created in favour of a class of persons—3I. Disclaimer of beneficial interest
3J. Enforcers
4. Property to vest in body corporate
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.[Act No. 2 of 1980, s. 6.]5. Application for incorporation
6. Appointment of trustees
7. Certificate to be evidence of compliance with requirements
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 place.8. Variation of conditions in certificates
9. Recording of documents, and provision of copies
10. Enforcement of conditions of certificate
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.[Act No. 2 of 1980, s. 9.]11. Fees
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.[Act No. 25 of 1959, s. 4, Act No. 3 of 2024, Sch.]12. Gifts to vest in corporate body
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 trust concerned, or the trustees thereof, or otherwise for the purposes thereof, shall take effect as if it had been made to, or in favour of, the corporate body or otherwise for the same purposes.[Act No. 2 of 1980, s. 10.]13. Common seal
14. Petition to decide question whether person is a member of a corporate body
15. Searches
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.[Act No. 25 of 1959, s. 5, Act No. 3 of 2024, Sch.]16. Change of name and dissolution
17. Regulations
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.[Act No. 25 of 1959, s. 5, Act No. 13 of 2021, s. 10, Act No. 3 of 2024, Sch.]History of this document
26 April 2024 this version
31 December 2022
Revised by
24th Annual Supplement
Read this version
23 December 2021
31 December 1987
27 December 1985
25 May 1981
02 May 1980
03 October 1964
12 December 1963
01 January 1961
19 April 1960
27 June 1923
31 May 1923
Commenced
Documents citing this one 42
Judgment 32
Legal Notice 8
Act 2
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Subsidiary legislation
Title
|
Date
|
|
---|---|---|
The Land (Perpetual Succession) Regulations | Legal Notice 167 of 1976 | 31 December 2022 |