Question 1(b) Draft the instrument that Mr.

Mutemi will need to use to register the charitable trust

under Kenya Law (10marks)

DEED OF TRUST

THIS TRUST DEED is made this 13th day of March Two Thousand
and Eighteen.
BY:
1. Johnston Mutemi of P.O Box 563 - 90125 Mbooni
2. Dorcas Mutemi of P.O Box 563 – 90125 Mbooni

(Together called the “Trustees” which expression shall where the context so admits include the
trustee or the trustees for the time being hereof whether original or substituted and their respective
successors.)

WHEREAS:
1. The Trustees wish to carry out the following initiatives for the benefit of children in their

village:

a) Provide support for the educational needs of poor children within the village.
b) Provide monetary support to build schools within the villages.
c) Promote the education of the village children by supplying books to the schools.
d) Providing school uniform for needy children.
e) Ensuring a comfortable learning environment by providing the necessary school amenities.
2. As from the date of the execution of this Deed, the Trustees wish to establish in Mbooni an
irrevocable non-profit non-political trust and to this end the Trustees wish to declare certain
trusts concerning the sum of Kenya Shillings Two Hundred Thousand (Kshs 200,000) already
held by them.
3. It is anticipated that further sums shall be given to the Trustees by other persons and/or
organizations to be held by the Trustees upon the charitable trust hereafter declared.

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NOW THIS DEED WITNESSES as follows:-

That the Trustees hereby declare they hold a sum of Kenya Shillings Two Hundred Thousand
(Kshs 200,000) upon trust for the Objectives hereinafter specified AND it is the contemplation of
the Trustees that funds may be in the future be paid or transferred to them to be held upon the same
trust subject to the following terms and conditions.

1. DEFINITION AND INTERPRETATION

In this Deed where the context so admits the expressions hereinbefore defined shall have the
meanings thereby assigned to them respectively and in addition:-

a) “Deed” shall mean this instrument in writing signed under seal by the parties hereto in the
presence of an independent witness and dated;
b) “Objects” shall mean the objects and purposes of the Trust;
c) “Trust” shall mean an irrevocable non-political non-profit making public charitable trust
to be known as “MBOONI VILLAGE EDUCATIONAL TRUST”.
d) “Trust Fund” shall mean the said sum of Kenya Shillings One Hundred Thousand (Kshs
200,000) and such further moneys as may during the continuance of the trusts hereby
created be added thereto by the Trustees or any other persons corporations or
organizations all accumulations of income lawfully made and the moneys investments for
the time being representing the same and held by the Trustees subject to the trusts hereof.

2. NAME, LOCATION AND OBJECTIVES

a) The Trust shall be called “MBOONI VILLAGE EDUCATIONAL TRUST”.
b) The registered office of the Trust will be situated in Nairobi, Kenya P. O. Box 5780 00100
provided always that the Trustees shall be at liberty to move the registered office.
c) The Objects and the Purpose of the Trust shall be for the following charitable purposes:-

i) Provide support for the educational needs of poor children within the village.
ii) Provide monetary support to build schools within the villages.
iii) Promote the education of the village children by supplying books to the schools.

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 iv) Providing school uniform for needy children.
v) Ensuring a comfortable learning environment by providing the necessary school
amenities.

3. POWERS OF THE TRUSTEES

a) Invite donations:-
At any time and with or without such invitation to receive contributions from any person
corporation or organization either by way of donations or otherwise for the benefit of the
charitable purposes declared herein;
b) To open and maintain a bank account:-
In their joint names or in the joint names of any of them at such bank as they shall from
time to time decide and to place any cash forming part of the “Trust Fund” to the credit of
such account or on deposit with any building or investment society or other financial
institution;
c) Make by laws or rules:-
From time to time to make such arrangements draw up such schemes and make and frame
such bylaws and rules as they shall deem fit for the administration and management of the
charitable trust declared herein and for the management of the “Trust Fund”.

4. APPOINTMENT AND REMOVAL OF TRUSTEES

a) Trustees may by resolution of a meeting of the Trustees appoint additional trustees
up to a maximum of three (3) AND whenever a trustee is so appointed a memorandum
of his or her appointment shall be prepared and signed and sealed by the person presiding
at such meeting and attested by all persons present.
b) Any Trustees may be removed at any time by a resolution signed by not less than
two-thirds of the remaining Trustees.

5. REGULATIONS
a) Within the limits prescribed by this Deed the Trustees shall have the full power to make
regulations for the management of the Trust and for the conduct of their charities including

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 the summoning of meetings, the deposit of money at a proper bank and the custody of
documents, and shall have power to vary any rules so made.

6. INDEMNITY
If a Trustee retires, resigns, or becomes incapable of acting as a trustee hereof, such a
Trustee shall be released from all claims demands actions proceedings and accounts of any kind.

7. DISSOLUTION
The Trust may be dissolved by a special meeting of all the Trustees of the Trust convened
specially for that purpose.

IN WITNESS whereof the Trustees have hereunto set their hands and seals the day and year
first hereinbefore written.

SIGNED by the said )

JOHNSTON MUTEMI )
In the presence of: - )………………….
) Johnston Mutemi
)
)
)
)
)
)
)
SIGNED by the said )
DORCAS MUTEMI )................................
In the presence of: - ) Dorcas Mutemi
)
)
)
)
)

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