'I have considered the Application dated the 21st October 2025 wherein the Applicant seeks orders to variate an equitable trust created in parcels of land No. Longonot/Kijabe Block 3/2211 (Kenton) measuring 0,45 ha and Longonot/Kijabe Block 3/2245 (Kenton) measuring 0.30 ha created in the name of Skylar Sun (a minor beneficiary) so that the same can be registered in the Applicant, (Elizabeth Cherop Kipkoech) her mother’s name. the same is not certified as urgent.
The foundation of any decision made in this regard is Article 53(2) of the Constitution of Kenya and the Children Act, which mandate that the best interest of the child should be paramount while considering all matters concerning the child.
The court''s primary duty is not to simply accommodate the parent''s request, but to determine whether the proposed transfer of title out of the protective trust and into the mother’s personal name results in a greater benefit to the minor than the current, highly protected arrangement.
The Land Registration Act and the Children Act create strong legal barriers against the depletion of a minor''s assets, Section 47 of the Land Registration Act is to the effect that land held in trust for a minor is registered under the guardian(s) as trustees, specifically as trustees of Skylar Sun which registration is a restriction that prevents any dealing until the minor reaches 18 years, unless specifically sanctioned by a court. By variation of the trust placed on the land in the Minors’ name into her mother’s name so that she can have it at her disposal, I hold would deprive the child of the property and/or benefits accruing to her because transferring the vested equitable title to the mother''s personal name, where it is no longer exclusively secured for the child, would be a potential deprivation. The minor’s mother, I hold can still develop the said parcels of land while they are registered to the minor. The court acts as the supreme guardian of the minor''s estate and will not permit a transfer that removes the asset from the protected umbrella of a trust and exposes it to the personal risks of the parent. I thus find the application devoid of merit and it is herein refused.
'
The foundation of any decision made in this regard is Article 53(2) of the Constitution of Kenya and the Children Act, which mandate that the best interest of the child should be paramount while considering all matters concerning the child.
The court''s primary duty is not to simply accommodate the parent''s request, but to determine whether the proposed transfer of title out of the protective trust and into the mother’s personal name results in a greater benefit to the minor than the current, highly protected arrangement.
The Land Registration Act and the Children Act create strong legal barriers against the depletion of a minor''s assets, Section 47 of the Land Registration Act is to the effect that land held in trust for a minor is registered under the guardian(s) as trustees, specifically as trustees of Skylar Sun which registration is a restriction that prevents any dealing until the minor reaches 18 years, unless specifically sanctioned by a court. By variation of the trust placed on the land in the Minors’ name into her mother’s name so that she can have it at her disposal, I hold would deprive the child of the property and/or benefits accruing to her because transferring the vested equitable title to the mother''s personal name, where it is no longer exclusively secured for the child, would be a potential deprivation. The minor’s mother, I hold can still develop the said parcels of land while they are registered to the minor. The court acts as the supreme guardian of the minor''s estate and will not permit a transfer that removes the asset from the protected umbrella of a trust and exposes it to the personal risks of the parent. I thus find the application devoid of merit and it is herein refused.
'