Betrayed by the State: How Kenya’s Public Trustees Failed the Children of Benard Oduya

The very office meant to protect orphans has instead become the architect of their suffering. The Public Trustees, entrusted by law to manage estates for the vulnerable, have withheld our late father’s assets, ignored our pleas for accountability, and allowed us to endure over a decade of hardship, a betrayal that magnifies the pain of losing our parents. Hello Nyakundi? We are Mary Juliet Atieno and Rosebella Odundo, first and second-born daughters of the late Benard Ouma Oduya and Josephine Adhiambo. Our father’s death should have left us mourning and rebuilding, yet the Public Trustees’ negligence has forced us into homelessness, low-paying jobs, and daily uncertainty. The Public Trustees, entrusted by law to manage estates for the vulnerable, have withheld our late father’s assets A Father’s Legacy Entrusted to the State After the passing of our father, our mother, who was also unwell, opened a file with the Public Trustees and handed over the management of our father’s properties. This was intended to safeguard our future until we attained the legal age of 18.

Our mother’s decision was motivated by concern for our well-being; she knew that Benard’s extended family had shown keen interest in his properties, and she feared for the children’s future.

At the time of his death, our father left behind several heirs: Josephine Adhiambo (1st wife) – deceased Asma Abdallah (2nd wife) – deceased Mary Juliet Atieno (1st born) Rosebella Odundo (2nd born) Abdallah Salim Ouma (3rd born) Amina Abdallah (last born, posthumously) – deceased It is important to note that Asma Abdallah was pregnant with Amina at the time of her father’s passing; Benard never lived to see his youngest child born. Denied Access and Accountability After our mother’s death, we were forced to live with our maternal grandparents. During this period, the Public Trustees paid only part of our school fees directly to our schools, claiming there were insufficient funds in the estate account. The last cheque we received was in 2012, and since then, no remittances have been made to us despite reaching adulthood.

We have repeatedly requested accountability from the Public Trustees and have sought to manage our father’s estate ourselves. Our requests, dating back to 2017, have been ignored. Meanwhile, we have suffered extreme hardship, living homeless at times and taking up menial jobs as housemaids to survive. Properties Left Behind Our father left behind substantial assets, including: Two houses in Migosi, Kisumu — one rented at the time of his death, the other our family home. Furniture, vehicles, and bank accounts. Despite the high value of these properties, the Public Trustees claim tenants were paying only Ksh 10,000 per month in rent. Moreover, we were alarmed to discover that one of our father’s vehicles was reportedly being used by a trustee for personal purposes.

On December 21, 2016, we issued notice to the tenants and trustees to vacate the houses, but received no response. Shockingly, tenants had copies of our father’s death certificate, a fact whose purpose we cannot comprehend. Only after insistence were we eventually provided a copy. A Family Torn Apart The neglect and mismanagement of our father’s estate have had lasting consequences on our family. Our brother, Abdallah, has struggled with alcoholism and has been manipulated and abandoned, while our youngest sister Amina passed away under circumstances hidden from us. We fear that collusion between trustees and parts of our extended family has contributed to this suffering. Understanding the Public Trustee The Public Trustee in Kenya is not a single individual . It is a corporate body, legally established under the Public Trustee Act (Cap 168), operating as part of the Attorney General’s Department of Justice. The office is responsible for managing the estates of deceased persons, acting as trustee for minors or incapacitated persons, and handling insurance and…