PUBLIC TRUSTEE

The Public Trustee is an office in the Attorney-General’s chambers, which is designed to

administer the estates of those persons who have appointed it to act as such or those who have

failed to appoint anyone at all1. The Office of the Public Trustee is established under the Public

Trustee Act (Chapter 168 Laws of Kenya) which was enacted in 1925. It operates within the

organizational framework of the Division of the Administrator General in State Law Office and

Department of JusticeThe Public Trustee offers services of a specialized nature which involve

identification and collection of assets, identification of beneficiaries, management and

subsequent transmission of both movable and immovable property either as an estate or a trust. 

The Office also discharges duties relating to custodianship, management of properties of persons

living with mental disability and management of enemy property.

LEGISLATIONS GOVERNING THE PUBLIC TRUSTEE

The Constitution ,under Article 62 classifies part of public land as land in respect of which no

heir can be identified by any legal process;2

Law of Succession Act

Public Trustee Act,CAP 168

Public trustee rules-subsidiary legislation

CAPACITY TO TAKE OUT GRANT

No grant of letters of administration, with or without the will annexed, shall be made to a body

corporate other than the Public Trustee or a trust corporation.3

1
Law of Succession ,W.M.Musyoka ,pg 143
2
Constitution of Kenya 2010,Article 62
3
Law of Succession Act ,Section 56 (2)
Grants of representation may be made to the Public Trustee in a variety of circumstances. These

are set out in section 6(2) of the Public Trustee Act. They include situations where: the deceased

died intestate and no one has taken out probate or representation (section 46 of the Law of

Succession Act) or the beneficiaries or dependants are unable to agree on who should take out

representation; the deceased has died testate, but has omitted to appoint an executor; the persons

named as executors in the will are dead or have renounced probate or are unwilling to act;

probate of the will of the deceased or letters of administration with the will annexed to the

deceased’s estate has not been obtained within six months from the date of the death of the

deceased; the deceased has appointed the Public Trustee has wholly or partially been left

unadministered and a g as an executor; and the estate of the deceased rant of representation has

been made, but the personal representatives are either dead or unwilling to complete the

administration of the estate4

Under section 9 of the public trustee Act , any person who might have committed administration

if no such grant had been made may apply to the court for revocation of the granny and for a

grant to himself of probate of the will or letters of administration .In the case of Saleh bin

Mohamed bin Omar Bakor v Noor binti Sheikh Mohamed bin Omar Bakor (1951)) it was

stated that the Public Trustee’s role as administrator ends when the registrar’s certificate is issued

under rule 3 of the Public Trustee’s Rules. The certificate renders the Public Trustee functus offi

cio and the grant stands revoked.

HORTENSIA YAWEH VS PUBLIC TRUSTEE

4
Public Trustee Act ,Section 6