> How to Register a Trust

Section 3 of the Trustee (Perpetual Succession) Act provides that any person may apply
to the Principal Registrar for a certificate of incorporation of a Trust.
The registration is done physically at the Lands Registry.

Process of registering a Trust

1. Draft the Trust Deed:
   i. Identify the objectives of the trust.
   ii.  Identify the assets that will be in the trust.
   iii.  Appoint persons to act as Trustees, who have the requisite capacity (legal age,
   trustworthy, of sound mind). Provide the operation of the Trust.
   iv. Provide the powers of the Trustees.
   v. Specify the beneficiaries and their allotments if any.
   vi. Execute the Trust Deed.
2. Pay the required stamp duty for the Trust Deed.
3. Lodge the Trust Deed for registration at the Registry of Documents at Ardhi House together with the registration form LRA 9 (in quadruplicate).
4. File a Petition to the Cabinet Secretary, Ministry of Lands for Incorporation of the Trust Deed under the Trustees (Perpetual Succession) Act.
5. The Land Registrar shall issue a Certificate of Incorporation after successful registration.

Requirements of Incorporation of the Trust

• Duly registered Trust Deed.
• Duly commissioned Petition.
• Application form – LRA 9 (available here).
• Minutes appointing Trustees.
• Curriculum vitae (resume) of the Trustees or Employees.
• Certified copies of IDs and KRA Pins of Trustees.
• Passport size photos of the Trustees.
• Copy of the title document(s) together with a current search (if any).
• The organization’s current financial status (e.g. Original bank statements).
• Statement of donor funding/commitment (if any).
• Diagrammatic representation of the common seal.