Tax and Legal Alerts

We provide a wealth of publications by PwC Kenya providing informed commentary on current developments in the tax and legal arena.

Through analysis and comment on new law and judicial decisions of interest, they assist business executives to identify developments and trends in law and revenue practice that might impact their business.

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In this alert:

Kenya introduces a new framework for trusts

After decades, Kenya’s Trust Administration Act 2026 (Act No. 28 of 2026) introduces a unified framework governing the formation, governance and supervision of trusts. This overhaul replaces the previously fragmented regime under the Trustees Act (Cap. 167) and the Trustees (Perpetual Succession) Act (Cap 164).

The Trust Administration Act establishes the Registrar of Trusts, introduces beneficial ownership reporting, comprehensive annual returns, strengthened record keeping obligations, electronic filing and enhanced supervisory powers. Trustees also face codified overarching duties, stricter accountability standards, expanded compliance obligations and significantly higher penalties for non-compliance. The legislation also prescribes trustee composition requirements, rules for corporate trustees and a more defined role for trust agents. 

Existing trusts benefit from a twenty-four-month transition period from 25th September 2026 to align with the new framework and assess governance arrangements, records, and compliance readiness.

Settlors, trustees and corporate service providers are therefore advised to review existing trust deeds and governance arrangements against the new requirements.