The Trust Administration Bill, 2026

20 May 2026 domainNational Assembly No. 29 of 2026 Gazette: Supplement No. 124 of 2026
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1

Mandatory Registration of Beneficial Owners

Every trust is required to compile, maintain, and lodge a register of its beneficial owners with the Registrar of Trusts under Sections 65 and 66.

  • Timeline for Existing Trusts: Trusts established before the commencement of this Act must lodge their beneficial ownership registers within 24 months of the law taking effect.
  • Ongoing Updates: Any changes to beneficial ownership must be submitted to the Registrar within 21 days of the change.
  • Penalties for Default: Failing to lodge or update the register attracts administrative penalties of KSh 10,000 for natural persons and KSh 20,000 for corporate trustees.
2

Creation of a Central Registrar of Trusts

Section 77 establishes the office of the Registrar of Trusts as part of the Business Registration Service.

  • Core Functions: The Registrar will maintain the central Register of Trusts, process applications for trust registration and incorporation, issue certificates, and enforce compliance.
  • Power of Direction: Under Section 79, the Registrar can issue direct orders to trustees to provide outstanding information. Failure to comply within 30 days can lead to the disqualification of the trustees.
3

KSh 20 Million Fine for Neglecting Trust Property

Section 46 places a strict statutory duty on trustees to preserve the value of trust property and prohibits them from disposing of assets in a manner that frustrates the trust's purpose.

  • Individual Trustees: Natural persons who violate this provision face a fine of up to KSh 5 million, a prison term of up to 5 years, or both.
  • Corporate Trustees: Corporate entities acting as trustees face a fine of up to KSh 20 million upon conviction.
4

Mandatory Seven-Year Record Retention Rule

Under Sections 48, 63, and 64, trustees must maintain accurate accounts and records relating to the trust's administration, property, transactions, and beneficial owners.

  • Retention Period: Records must be kept for at least seven years from the date of the trust's termination or from when the trustee ceases to act.
  • Fines for Record Failures: Failure to maintain these records carries a fine of up to KSh 1 million or imprisonment for up to 2 years for natural persons, and up to KSh 3 million for corporate entities.

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