REGISTRATION OF WAKF PROPERTIES
- The Wakf Commissioners shall keep, in such form and containing such particulars as may be prescribed, a register of all property the subject of a wakf.
- Every trustee of property the subject of a wakf shall, within two months from the date of the making of the wakf, apply to the Wakf Commissioners to register it; and every application shall be in such form and shall contain such particulars and be accompanied by such fee as may be prescribed.
- All fees for the registration of property the subject of a wakf shall be credited by the Wakf Commissioners to a fund to be known as the general administration fund.
- Any trustee who fails to comply with the provisions of subsection (2) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months.
ADMINISTRATION & MANAGEMENT OF WAKF PROPERTIES
Commissioners may take over administration of wakfs upon application;
- In the case of wakf Khairi, of the trustee or trustees, as the case may be, of the wakf; and in the case of wakf Ahli, of the trustee or trustees, as the case may be, with the consent of the majority of the beneficiaries of the wakf, the Wakf Commissioners may take over, subject to such conditions as may be imposed by the Wakf Commissioners, the administration of the property the subject of the wakf and that property shall thenceforth vest in the Wakf Commissioners.
Commissioners may take over administration of wakfs which are being conducted in an improper or unauthorized manner;
- In any case in which it appears to the Commissioners that there is no properly constituted trustee of a wakf; or any trustee is acting in an improper or unauthorized manner, the Wakf Commissioners may, in the case of wakf Khairi of their own motion, and in the case of wakf Ahli on the motion of the majority of the beneficiaries, hold an inquiry.
- Written notice of such an inquiry shall be given to all persons having any interest in the wakf, and these persons shall by that notice be invited to appear and give evidence before the Wakf Commissioners.
- If, after holding an inquiry, the Wakf Commissioners find either that there is no properly constituted trustee of the wakf, or that any trustee is acting in an improper or unauthorized manner, the Wakf Commissioners may make an order either declaring that the property the subject of the wakf shall in future be administered by the Wakf Commissioners or appointing some other person or persons to be a trustee or trustees.
Trustees of wakfs may be called upon to produce evidence of proper administration of their trusts
- The Wakf Commissioners may at any time call upon any trustee of wakf property to satisfy it that the property is being properly administered, and may require the trustee to produce any document or books, whether of account or otherwise, in his possession or control relating to the property.
- Any trustee who fails to comply with a requirement to produce documents or books in his possession or control made by the Wakf Commissioners under subsection (1) shall be guilty of an offence and liable to a fine not exceeding two thousand shillings or to imprisonment for a term not exceeding six months.
Contracts or agreements relating to wakf property for more than one year must be sanctioned by commissioners
- No contract or agreement of any description whatsoever purporting to sell or to lease or otherwise alienate any property the subject of any wakf for any period exceeding one year shall be valid unless the sanction in writing of the Wakf Commissioners has first been obtained.
Titles to wakf property shall not be acquired by prescription or adverse possession after commencement of Act
- Notwithstanding anything to the contrary in any Act or law for the time being in force, no title to any property the subject of a wakf shall, after the commencement of this Act, be acquired by any person by reason of that person having been in adverse possession thereof or by reason of any law of prescription.
How wakf property to be administered
- Subject to the provisions of subsection (2), all property the subject of any wakf which is under the control of the Wakf Commissioners shall be administered by the Wakf Commissioners in accordance with the intentions of the maker of the wakf, if those intentions are lawful according to Muslim law and are capable, of being carried into effect, and whether those intentions are ascertainable by reference to tradition or by reference to any other evidence lawfully obtainable.
- In any case where in the opinion of the Wakf Commissioners the intentions of the maker of a wakf are unlawful or unascertainable or are incapable of being carried out, or where any surplus revenue remains after fulfilling the intentions of the maker of the wakf, the Wakf Commissioners shall in the case of a wakf Khairi, apply the property the subject of the wakf or any surplus property or revenue therefrom, as the case may be, for such benevolent or charitable purposes on behalf of Muslims as appear to the Wakf
Commissioners proper, and, in the case of a wakf Ahli, shall apply the property or surplus property or revenue in such manner as the wakf Commissioners think fit for the benefit of the beneficiaries of the wakf.
Commissioners may dispose of wakf property in certain circumstances
- If it appears to the Wakf Commissioners that in respect of any wakf the intentions of the maker cannot reasonably be carried into effect and that it is accordingly expedient that the property the subject of the wakf or any part thereof should be sold, the Wakf Commissioners may cause that property or part thereof to be sold, and shall apply the proceeds of sale in the manner provided by subsection (2) of section 16: Provided that nothing in this section shall be deemed to authorise the sale of any land or any part thereof which under any wakf is to be used for a cemetery or burial ground or for the building of a mosque.
Unclaimed property of deceased Muslims
- Notwithstanding anything to the contrary in the Law of Succession Act (Cap. 160), any property of a deceased Muslim to which no claim has been established within one year from the date upon which that property vested in the administrator of the estate or in the Public Trustee shall be handed over to the Wakf Commissioners by the administrator or Public Trustee, as the case may be, and shall, if not handed over in the form of money, be converted into money and paid by the Wakf Commissioners into a special fund created for the purpose to be known as the surplus fund.
- The surplus fund shall be utilized by the Wakf Commissioners for such benevolent or charitable purposes for the benefit of Muslims as the Wakf Commissioners may consider proper: Provided that if, within twelve years from the date upon which any property of a deceased Muslim was handed over to the Wakf Commissioners pursuant to subsection (1), any person establishes a claim thereto, the Wakf Commissioners shall pay out of the surplus fund a sum equal to the amount paid into that fund in respect of the property of the deceased Muslim.
Wakf property not to be used by commissioners towards another wakf while latter wakf property exists
- The Wakf Commissioners shall not utilize any property or any revenue from any property the subject of a wakf for any purpose connected with another wakf so long as there still exists any property the subject of the latter wakf: Provided that, if satisfied that any property the subject of a wakf Khairi is urgently in need of any expenditure for repairs or for any other purpose, the Wakf Commissioners may, notwithstanding that there exists property the subject of that wakf, utilize the revenue arising from property the subject of some other wakf Khairi for the purpose, if the Wakf Commissioners are satisfied that, revenue is not then required in connection with the latter wakf Khairi; and the amount of the revenue so utilized will, without prejudice to the purposes of the wakf in connection with which it is used, be repaid out of the property of that wakf within five years from the date of being so utilized.