ADVOKS GLOBAL · KENYA
Public Trustee Act
5C. Missing persons
Edition: 2022-12-31 · In force
5C. Missing persons
(1)Where a person is missing for at least one hundred and eighty days, the Public Trustee may make an application to the court and the court may by order —(a)declare the person to be a missing person; and(b)appoint the Public Trustee as trustee of—(i)part of the property of the missing person; or(ii)the missing person's property generally.(2)On being appointed trustee under subsection (1), the Public Trustee may—(a)administer and may with the consent of the court sell, dispose of or otherwise deal with the property or any portion of it; and(b)pay out of the capital or income of the property—(i)money that the missing person might otherwise have been liable to pay; and(ii)money for the benefit of any or more of the following—(a)a spouse or dependant of the missing person;(b)a minor child of the missing person; and(c)an adult child of the missing person who by reason of a physical or mental disability, is unable to earn a livelihood.(3)The Land Registrar—(a)on production of the order or a certified copy of the order referred to in subsection (1); and(b)on production of an instrument effecting a disposition of immovable property under subsection (2),shall deal with the instrument in the same manner as if the instrument were executed by the missing person.(4)The Public Trustee shall, by a further order of the court, with respect to the property of a missing person —(a)where the missing person is located, return the property to the person; or(b)where it is determined that the missing person is deceased, administer the estate or transfer the property to the personal representative of the person's estate.(5)Where a court is seized of an application under this section, the court may only grant an order or consent to the sale, charge, transfer, exchange or disposal of any property if the total value does not exceed two hundred and fifty thousand shillings or ten percent of the gross value of the estate of the missing person, whichever is lower.(6)The provisions of this section shall not apply to members of the Kenya Defence Forces in accordance with section 245 of the Kenya Defence Forces Act (Cap. 199).