Act No: CAP. 167
Act Title: TRUSTEE ACT
SUBSIDIARY LEGISLATION

RULES UNDER SECTION 65

TRUSTEE RULES, 1948
[Cap. 36 (1948), Sub. Leg.]
1.

These Rules may be cited as the Trustee Rules.

2.

Except as hereinafter in these Rules or by an Act of Parliament otherwise provided, all applications to the court under the Act shall be by originating summons, except where the application is made in a pending matter, when an ordinary summons is sufficient.

3.

Every such summons shall be entitled “In the matter of the Will, Settlement, Trust, or Property” as the case may be, to which the summons relates, “and in the matter of the Trustee Act”, and in the body thereof shall specify the particular section or sections of the Act under which relief is sought.

4.

An order under the Act for the appointment of a new trustee or concerning any interest in land, stock or thing in action subject to a trust may be made on the application of any person beneficially interested in the land, stock or thing in action, whether under disability or not, or on the application of any person duly appointed trustee thereof.

5.

Where a trustee or other person desires to make a lodgement in court under the Act he shall make and file an affidavit entitled in the matter of the trust (described so as to be distinguishable) and of the Act and setting out—

(a)

a short description of the trust and of the instrument creating it;

(b)

the names of the persons interested in and entitled to the money or securities and their places of residence to the best of his knowledge and belief;

(c)

his submission to answer any inquiries relating to the application of the money or securities paid into court which the court may make or direct; and

(d)

the place where he is to be served with any petition, summons, or order or notice of any proceedings relating to the money or securities.

6.

The person who has made the lodgment shall forthwith give notice thereof by prepaid registered letter to the several persons whose names and places of residence are stated in his affidavit as interested in or entitled to the money or securities lodged in court, or in such other manner as the court may direct.

7.

No petition or summons relating to the money or securities shall be answered or issued unless the petitioner or applicant has named therein an address for service within the jurisdiction of the court.

8.

Service of any application under the Act shall be made on such persons as the court may direct.

9.

The court fees payable on proceedings under the Act shall be the same as those payable under rules of court for the time being in force relating to fees payable in the High Court.

DECLARATIONS OF TRUSTEE SECURITIES UNDER SECTION 4(1)(C), 1959
[L.N. 61/1959.]

Any security given by the City Council of Nairobi.

CERTIFICATES UNDER SECTION 4(1)(D), 1969
[L.N. 172/1969, L.N. 39/1980.]

B.A.T. (Kenya) Ltd.

Barclays Bank of Kenya Ltd.

DECLARATION UNDER DEFINITION OF “BUILDING SOCIETY” IN SECTION 2, 1971
[L.N. 146/1971.]

East African Building Society.