Changes effected to Trusts in Kenya by the Trustees (Perpetual Succession) (Amendment) Act, 2021

The Trustees (Perpetual Succession) (Amendment) Act, 2021 (hereinafter “the Amendment Act”) has introduced some key changes to the law of trusts in Kenya helping to clarify the landscape of trust formation and registration in Kenya.

Prior to this Amendment Act being passed, trusts were generally defined in the Trustee Act Chapter 167 of the Laws of Kenya as “implied and constructive trusts , cases where the trustee has a beneficial interest in the trust property, and to the duties incidental to the office of a personal representative”.

With respect to registration and incorporation of trusts, trusts created other than by operation of law were required to first be registered as simple trusts with the (or a) registrar of documents under the Registration of Documents Act, then thereafter, if the creator of the trust desired the trust to be a corporate body with perpetual succession, the creator then had to make a separate application to the Cabinet Secretary in charge of lands under the Trustees (Perpetual Succession) Act Chapter 164 of the Laws of Kenya, for incorporation of the trust.

The Act also did not set out timelines for registration of the trust deed or for incorporation of the trust and accordingly registration of a trust deed could take up to a month or more and incorporation of a trust could take up to 2 years or more.

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Distinction between Employees and Independent Contractors

Contracts on service provision may take the form of a contract of service (employment contract) or a contract for services (independent contractor/consultant agreement). Independent contractor agreements involve entities or individuals who are genuinely self-employed, not the company’s employee. When issues arise, the Courts usually look into the substance rather than the form of such agreements to determine whether or not they are in fact employment contracts masked as independent contractor agreements to enable an employer avoid its obligations. Such an investigation into substance would include an examination of the contractual provisions in addition to whether or not the level of control amounts to employment. The following is a summary of the distinction between employees and independent contractors:

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How To Change Your Name Under Kenyan Law

Names are not cast in stone and it is possible to change them. You can change your name at any time (in your adult life) and for any reason provided that it is not to deceive or defraud or to avoid an obligation. The Registration of Documents Act (CAP 285) read together with the Registration of Documents (Change of Name) Regulations provide the legal basis for this process. Continue reading “How To Change Your Name Under Kenyan Law”