In re AGN & SMN (Minors)
The bottom line
#Kenya's Environment and Land Court allowed trustees to sell land held for minors to pay school fees, provided the balance is invested for their education.
What this practically means
#Executive summary
#Key legal issues
#Whether a trustee holding registered land in trust for minors may be authorised to sell it for their education
Yes; the court granted vesting orders where the sale and application of proceeds were expedient and in the minors' best interests
The first applicant purchased the suit property and holds it in trust for the second applicant and the minors, some of whom appear on the title. Section 13 of the Trustees Act vests a power of sale in a trustee, while Section 56 permits the court to confer powers absent from the trust instrument where expeditious. The proposed application of proceeds - fees, costs, and investment of the balance - was found sound and prudent and consistent with the minors' best interests.
Whether the applicants acted in the best interests of the minors
Yes
The court found the applicants were acting in the minors' best interests as required by Article 53(2) of the Constitution and Section 4(1) of the Children's Act, noting the school fees requirement of Kshs 196,910 and the security afforded by other properties registered in the minors' names.
Legal principles established
#- Under Section 13 of the Trustees Act a trustee in whom a power of sale is vested may sell all or part of the trust property
- Under Section 56 of the Trustees Act the court may confer on trustees a power of disposition which the trust instrument or law does not provide, where expedient in the administration of trust property
Court orders
#- 1.Vesting orders granted to sell property known as Gaturi/Weru/7770, proceeds to be applied to valuation costs, transfer costs, payment of the minors' school fees, and the balance invested in a call account for the minors' education
- 2.The decree or order extracted after delivery of the judgment be served if and when required by any of the offices involved in the sale and change of ownership
- 3.No order as to costs
- Jurisdiction invoked
- Order 37 rule 1(f) of the Civil Procedure Rules, 2010; Section 3A of the Civil Procedure Act (Cap 21); Sections 13 and 56 of the Trustees Act (Cap 167)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re AGN & SMN (Minors)", Case Analysis (2022). Environment and Land Miscellaneous Application E024 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13387/eng@2022-10-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.