Kenya’s Public Trustees: Few in Number, Heavy on the Load – What you need to know

The news may have suffocated in the distracting political events and ensuing shenanigans.

It means that Kenyans can now make applications for the administration of estates for deceased persons and trust management online via eCitizen. 

The announcement resonates with millions of Kenya who have had to knock the doors of a Public Trustee – chasing files.

Public Trustees in Kenya are few in number and heavy on load. 

Kenyans seeking services around inheritance have not had it smooth in the past. 

According to information published in the Office of The Attorney General And Department of Justice website, the government has established regional offices in Kisumu, Lamu, Malindi, Mombasa, Kakamega, Embu, Nyeri, Kisii, Machakos, Garissa, Meru, Eldoret and Nakuru. 

Also, that there are ongoing plans to operationalise two additional Offices in Kericho and Bungoma to ensure that Public Trustee services are accessible to the public – according to information in the government website.

Kenyans have in the past raised concerns over delays in estate administration – forcing many to resort to private alternatives — which can be financially prohibitive. 

The inclusion of this important service on eCitizen is expected to minimise the pain and hustle Kenyans of limited means have had to endure when seeking Public Trustee services.

Although many have expressed optimism – others are cautiously apprehensive.

Take the case of John* who has been travelling to Nyeri to see the Public Trustee over inheritance related matter.

“I am happy to hear that henceforth it will be possible to seek Public Trustee services on eCitizen. However, I am a bit worried about digital safety especially where sensitive materials and assets are concerned,” noted John.

Public service trustee services are quite crucial state mechanism meant to prevent exploitation of vulnerable heirs, resolve disputes and ensure assets reach rightful beneficiaries.

However, the services have not been accessible to everyone. And there seems to be common consensus that the existing regional offices have been overwhelmed due to high volume of cases. 

In a statement seen by Citizen Digital, the Office of the IG noted that: "This initiative marks a significant step in enhancing access to justice and improving service delivery through digital transformation.”

The Public Trustees are appointed by the state to manage the financial, legal, and personal affairs of individuals lacking capacity – often as the last-resort.

Among other affairs – Public Trustees handle property and financial decisions; assets, bills and wills. 

The job often comes with a lot of scrutiny and confidentiality because of the weight and breath of matters it adjudicates and handles.

They are crucial for protecting vulnerable people but face scrutiny over costs and, in some jurisdictions, strict confidentiality.

John notes that some matters can be very sensitive.

“I think Kenyans need to be sensitised on what it means to have these matters online. Am I going to have very sensitive materials or documents uploaded – and just how safe are these materials especially where there is aggressive contestation,” notes John.

The Office of the Public Trustee has been around for a bit – having been established under the Public Trustee Act enacted in 1925. It is a Department within the Office of the Attorney General. 

It’s core mandate include asset identification, paying debts, and distributing inheritance for deceased persons, particularly when no one else is available to do so.

The law mandates the Public Trustee to manage estates of any value – and can manage estates worth up to Ksh 3 Million without a court order.

The other major function is the administration of trusts for minors and people with mental disabilities, protecting their property until the age of majority or once they regain capacity.

The operations of the office are guided by the Public Trustee Act and other regulations such as the Law of Succession Act.