In re JKG (Minor) (Miscellaneous Application E009 of 2025) [2025] KEELC 8655 (KLR)
The bottom line
#What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether this Court has jurisdiction to give consent to, or allow the Applicant to sell the suit land which she is holding in trust for the minors
Key legal issues
#Jurisdiction to authorise sale of trust land held for minors
The court has jurisdiction under Order 37 Rule 1 of the Civil Procedure Rules and Section 56 of the Trustee Act to confer on trustees the power to sell trust property where no such power exists in the trust instrument
The property was transferred to the applicants to hold in trust for minors under a confirmed grant in a succession cause. The originating summons is the proper instrument for trustees seeking court authorisation to deal with trust property where the power was not conferred by the trust instrument. Section 56(1) permits the court to confer the necessary power where the transaction is expedient, and Section 17 permits raising money by sale.
Best interest of the minors as justification for sale
Sale of the trust property to fund the minors' education and related needs is in the best interest of the children and justifies the order
The applicant, a widowed and unemployed sole breadwinner, needs funds for the minors' education. The adult child BNK consented by affidavit, and the co-trustee RWG supported the application. The court found the purposes of the sale — education and incidental needs of the minors — aligned with the best-interest principle.
Legal principles established
#- Where a transaction concerning trust property is expedient but the trustees lack power under the trust instrument or law, the court may confer the necessary power on the trustees under Section 56(1) of the Trustee Act, on such terms and conditions as it thinks fit
- An application under Section 56 of the Trustee Act may be made by the trustees or any person beneficially interested under the trust
- A trustee may raise money required for purposes authorised by the trust by sale, conversion, calling in or mortgage of the trust property
Court orders
#- 1.Leave and authority granted to the Applicant and the joint Trustees HKN and RWG to sell parcel of land known as Nguirubi/Ndiuni/1XXX1 (the suit property)
- 2.Proceeds of sale to be applied to: costs incidental to valuation of the property; costs incidental to transfer of the suit property; payment of school fees for the minor at St. XXX Academy; investment of the balance in a call account held jointly by the joint Trustees for the minor's future education
- 3.Costs of the Application shall be in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Order 37 Rule 1 of the Civil Procedure Rules and Section 56 of the Trustee Act (Cap 167); application also cited Article 53(2) of the Constitution and Section 8(1)(a) of the Children's Act
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Leave and authority is hereby granted to the Applicant and the joint Trustee HKN and RWG to sell the parcel of land known as title number Nguirubi/Ndiuni/1XXX1
it is my finding that the Applicant has properly invoked the jurisdiction of this Court under Order 37 Rule 1 of the Civil Procedure Act and Section 56 of the Trustees Act.
the purposes for which the proceeds of the sale are intended are in the best interest of the minors as the same are meant to enable the minors to further their education
The costs of the Application shall be in the cause.
Issues in the judgment
#Judgment dated 10 December 2025 while the originating summons is dated 21 March 2025 and submissions dated 16 May 2025; the date is internally consistent but falls far after filings - no substantive contradiction
Judgment refers to "Section 56 of the Trustees Act" as conferring power to "rescind such an order", whereas Section 56(1) as quoted confers power on trustees; minor imprecision in reasoning
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "In re JKG (Minor) (Miscellaneous Application E009 of 2025) [2025] KEELC 8655 (KLR)", Case Analysis (2025). Originating Summons dated 21/03/2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8655/eng@2025-12-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.