In re PGN (Minor) (Environment and Land Miscellaneous Case E016 of 2025) [2025] KEELC 18742 (KLR) (30 July 2025) (Judgment) Neutral citation: [2025] KEELC 18742 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT KITALE ENVIRONMENT AND LAND MISCELLANEOUS CASE E016 OF 2025 CK NZILI, J JULY 30, 2025 IN THE MATTER OF P.G.N. (MINOR) AND IN THE MATTER OF AN APPLICATION FOR LEAVE TO REGISTER A CHARGE AND IN THE MATTER OF TITLE NUMBER WAITALUK/KAPKOI BLOCK 13/WEHOYA/1031 IN THE MATTER OF RMI ............................................................................................................. APPLICANT JUDGMENT 1. Section 56 of the Trustees Act grants powers to the court to authorise dealings with trust property under the management and administration of a trustee, by way of investment, sale, mortgage, surrender, release, or other dispositions, on such terms and subject to such provisions and conditions as the court may think t. The court also has the power to direct in what manner any money authorised may be expended and how the costs of any such transactions are to be paid or borne as between the capital and income. 2. Order 37 of the Civil Procedure Rules and Section 57 of the Trustees Act provide that an application of this nature may be made by the trustee or by any other person benecially interested under the trust. The parameters to consider on whether or not to grant such leave in realization of Sections 27, 47 and 48(4) of the Land Registration Act and Section 17 of the Trustees Act include whether the purpose is intended to develop the suit property in a bid to increase the income to be generated for the best interest of the minor owner of the land. https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18742/eng@2025-07-30 1
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3. In Re MWG, BKN, MWW & BGM Minor [2021] eKLR, the court declined to issue such leave for it was apprehensive that the property held in trust for the minor was likely to be in jeopardy, hence the intended investment was not in the best interest of the minor. 4. In Josephine Wangai Ithondeka -vs- Housing Finance Company Of Kenya[2014] eKLR, the court cited In Re Eunice Wanjiru Njenga [2013] eKLR, that the intended use of the proceeds of sale to invest in the children’s school fees and to invest the remainder portion to the trust property and to purchase a larger portion of land was an investment that fell within those investments contemplated under Section 4(1) of the Trustees Act. In Re KSN & RS (Minors) [2021] eKLR, the court held that it has powers to superintend the management of properties that are held in trust, to ensure that the trustees manage and or execute their mandate in such a manner that benets the beneciaries of a trust and also to ensure the trustees act in accordance with the law. 5. Applying the foregoing case law to the instant application dated 14/7/2025, the applicant, PGN, through her mother, seeks leave to charge Waitaluk/Kapkoi Block 13/Wehoya/1031 in favour of Sidian Bank Limited, which they jointly owned. At the hearing, the mother testifying as PW1 told the court that she is a single mother and a businesswoman, selling second-hand clothes. The applicant contends that she wishes to secure a loan in order to expand her business, as the only source of income to secure the minor’s educational, personal and future needs. 6. To ensure the continuity of her business, the applicant deposes and testies that the education needs of the minor who is in grade 9, to senior school and up to university will be secured. PW1 relied on a copy of the birth certicate, a copy of a certicate of ocial search, a certicate of title, a fee structure, and a balance sheet from “L” school; and lastly, an application letter for a loan dated 19/6/2025, which has been accepted by the bank as P. Exhibit Nos. 1-6. 7. In re HK As the Mother and Trustee of JK - Minor (Applicant E & L Misc. Appl. E009 of 2024 [2024] KEELC 3812 [KLR] (8th May 2024) (Judgment), the court held that the minors are entitled to constitutional rights to education, care and protection from their guardians. The court said that the best interest of the minor, when invoked under Article 53 of the Constitution, must be guarded and protected. 8. Having looked at the application, the testimony of the mother, and the documents availed, I nd the claim merited. Leave is hereby granted to the mother to execute all instruments required to charge the trust property in favour of Sidian Bank Limited, for a loan not exceeding Kshs.1,000,000/=. The income to be derived from the business operated by the applicant shall be utilized for and on behalf of the welfare of the minor. At least 1/3 of the monthly income shall be put in an interest-earning account in the name of the minor for school fees. Costs of the charge and attendant fees are to be deducted from the said loan. 9. Orders accordingly. JUDMENT DATED, SIGNED, AND DELIVERED VIA MICROSOFT TEAMS/OPEN COURT AT KITALE ON THIS 30TH DAY OF JULY 2025. HON. C.K. NZILI JUDGE, ELC KITALE. In the presence of: Court Assistant - Dennis Koskei for applicant present https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/18742/eng@2025-07-30 2
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