The Rise of the Trust Agent Under Kenya's New Trust Law
By Daphine Abasa Advocates
The enactment of the Trust Administration Act, 2026 marks a significant shift in Kenya’s estate-planning and trust-management framework. By repealing the Trustees (Perpetual Succession) Act (Cap. 164) and the Trustee Act (Cap. 167), the Act consolidates the registration, incorporation, administration and dissolution of trusts within a single, modern statutory framework.
One of the Act’s most important governance innovations is the formal creation of the Trust Agent. Under sections 2 and 76, Trust Agents serve as professional gatekeepers between settlors and trustees, on the one hand, and the State’s regulatory bodies, particularly the newly designated Registrar of Trusts within the Business Registration Service (BRS), on the other.
This article examines who may act as a Trust Agent, the services they may provide, and the disclosure and record-keeping obligations imposed on them.
Who may act as a Trust Agent?
Section 2 defines a Trust Agent as an advocate of the High Court of Kenya, a certified secretary or a certified public accountant authorised to act on behalf of a trust. Section 76(3) further provides that only licensed members of these recognised professions may be appointed to lodge statutory documents, provide a registered office or maintain a trust’s official records.
Although certified secretaries and certified public accountants may serve as Trust Agents, section 76(3) reserves the drawing and preparation of legal instruments, including trust deeds, to qualified advocates acting in accordance with the Advocates Act. Accordingly, certified secretaries and certified public accountants will generally perform administrative, regulatory and compliance functions, while advocates retain responsibility for drafting trust instruments.
Scope of a Trust Agent’s services
A Trust Agent may be appointed to provide the following services:
- Provide legal and regulatory advice, prepare registration or incorporation documents, and support statutory compliance throughout the life of the trust.
- Provide a registered office to serve as the family trust’s official physical and postal address.
- Manage ongoing statutory compliance, including electronic filings with the Registrar of Trusts at BRS, annual returns, applications for a change of name, and notices of changes in governance or beneficial ownership.
Disclosure and record-keeping obligations
The Trust Agent regime is intended to strengthen transparency and align Kenya’s trust-administration framework with global anti-money laundering and countering the financing of terrorism (AML/CFT) standards. To support this objective, the Act imposes the following mandatory obligations:
- Application details: Where a Trust Agent submits an application for registration or incorporation on behalf of a settlor or trustee, the application must state the agent’s full professional name and business address and include their written acceptance to act.
- Appointment or termination: Trustees must notify the Registrar of Trusts within twenty-one (21) days after appointing or terminating a Trust Agent.
- Record retention: A Trust Agent must keep comprehensive records of all dealings and transactions with the trust for at least seven (7) years after ceasing to act.
- Disclosure to competent authorities: A Trust Agent must provide trust-related information to a competent authority within fourteen (14) days after receiving a written request.
Ultimately, the Trust Administration Act, 2026 transforms qualified legal and financial professionals from transactional advisers into statutory gatekeepers. In doing so, it seeks to balance the interests of settlors and trustees with the public need for regulatory transparency and accountability.