Collince Otieno and Jenipher Kililo v Ex-parte

hence no current trustee capable of administering the Trust Fund including that appointment of trustees. 4. It is further deponed that the Trust is responsible for the payment of school fees for various employees of the Company and that it is currently required to pay the school fees of various students before the end of the year 2025. 5. The sole issue therefore for this court’s determination is whether the Applicant has established sufficient grounds to warrant the appointment of new trustees under Section 42 of the Trustees Act. Analysis and Determination 6. The jurisdiction of this Court is founded upon Section 42 of the Trustees Act, which provides that where it is expedient to appoint a new trustee and it is found to be inexpedient, difficult or impracticable to do so without the assistance of the Court, the Court may appoint one or more persons to act as trustees. 7. The purpose of the provision is to ensure that trusts do not fail merely because there is no trustee capable of acting. The jurisdiction is remedial in nature and exists to facilitate the continued administration of trusts in accordance with the intention of the settlor. 8. The principles governing the exercise of this jurisdiction have long been settled. In Re Tempest (1866) LR 1 Ch App 485, Lord Justice Turner observed that in appointing trustees, the Court’s primary concern is the proper execution of the trust and the welfare of those beneficially interested under it. 2

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9. The same principle is stated in Lewin on Trusts (20th Edition) where the learned authors observe that the Court’s jurisdiction to appoint new trustees exists to prevent a trust from becoming incapable of administration owing to the absence of trustees. 10. Having considered the affidavit evidence, I am satisfied that all the trustees currently registered are deceased, resigned and retired. This fact has been demonstrated through the annexed death certificates, letters and resolutions. 11. Consequently, there is no surviving trustee capable of exercising the powers donated under the Trust Deed, including any power to appoint successor trustees. 12. The Courts appreciates that unless it intervenes, the Trust herein will remain without lawful administrators. Such a situation would effectively paralyse the operations of the Trust, defeat its intention and subsequently affect its intended beneficiaries. 13. The Court is satisfied that these are precisely the circumstances contemplated under Section 42 of the Trustees Act. 14. The Applicant has proposed the appointment of COLLINCE OTIENO, JENIPHER KILILO, PETER NDIRITU, RAMAITA NKOISAEN and JAMES OKICH as trustees. Nothing has been placed before this Court suggesting that the proposed trustees are unsuitable or otherwise disqualified from serving in that capacity. On the contrary, their appointment appears necessary to restore the proper administration of 3

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the Trust. They have duly signed consents agreeing to act as trustees. 15. This Court is therefore satisfied that it is both necessary and expedient to appoint new trustees. Disposition 16. Consequently, the Originating summons dated 3 rd February 2026 is hereby allowed. 17. Accordingly, this court makes the following orders: a) COLLINCE OTIENO, JENIPHER KILILO, PETER NDIRITU, RAMAITA NKOISAEN and JAMES OKICH are hereby appointed as trustees of the RAMANBHAI CHARITABLE TRUST. b) The newly appointed trustees shall have all the powers, rights, duties and obligations conferred upon trustees under the Trust Deed dated 1st May 1971, the Trustees Act and any other applicable law. c) The newly appointed trustees shall administer the Trust strictly in accordance with the Trust Deed and the law. d) This being an ex parte application there shall be no order as to costs. e) It is so ordered. DATED, SIGNED AND DELIVERED VIRTUALLY THIS 31 ST OF JULY 2026 4

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A. M. OKUTOYI JUDGE In the presence of: Mr. Bett for the Applicants. Court Assistant: Ms. Mokeira. 5

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