Home | About | Arbitration | Mediation | Downloads | Partners | Cases | Shop

In Article 1 of the Constitution of Kenya, 2010, as read with Article 159, the people of Kenya, to whom sovereign power belongs, delegated the judicial authority portion of their sovereign power, to be exercised only in accordance with the said Constitution, to both the Judiciary and independent tribunals. The courts and tribunals vested with this judicial authority are those established by or under the said Constitution.

Article 50(1) of the Constitution of Kenya, 2010 provides that every person has the right to have any dispute that can be resolved by the application of law decided in a fair and public hearing before a court OR, if appropriate, ANOTHER independent and impartial tribunal or body. And Article 47(1) provides that every person has the right to ADMINISTRATIVE ACTION that is EXPEDITIOUS, efficient, lawful, reasonable and procedurally fair. Consequently, Aluochier Dispute Resolution ensures that its clients' rights as captured by Articles 47 and 50 are duly protected, providing for the expeditious resolution of their disputes primarily by independent and impartial tribunals or bodies alternative to courts, and using courts only as a last resort in the said resolution of their disputes. For well managed alternative dispute resolution (ADR) mechanisms such as negotiation, conciliation, mediation and arbitration, tend to deliver justice more expeditiously than the courts, as the latter are inundated with a huge backlog of cases, partly explained by a limited number of judges and magistrates in an increasingly growing population, whose multitude disputes are well beyond the capacity of the limited number of judges and magistrates to deal with as required by Article 159(2)(b), which requires that justice not be delayed.

Aluochier Dispute Resolution is an arbitral institution that manages arbitrations and mediations, much like other reputable arbitral institutions elsewhere in Kenya, Africa and the world at large, with arbitration and mediation rules to govern the dispute resolution processes. But one feature distinguishes Aluochier Dispute Resolution from other arbitral institutions with respect to arbitrations that it administers. While other arbitral institutions typically administer arbitrations only where there exists an arbitration agreement recognised in law, Aluochier Dispute Resolution, while administering such arbitrations, also administers arbitrations instituted without the consent or agreement of other parties in dispute. For Article 50(1) of the Constitution of Kenya, 2010 acknowledges that every person has the RIGHT to have ANY DISPUTE that can be resolved by the application of law decided in a FAIR and PUBLIC hearing before a COURT or, if appropriate, another INDEPENDENT and IMPARTIAL TRIBUNAL or BODY. So just as a person, in the exercise of this dispute resolution right, does not need the consent or agreement of a person with whom he or she is in dispute before commencing court proceedings, so also a person, in the exercise of the same right, does not need the consent or agreement of a person with whom he or she is in dispute before commencing independent and impartial tribunal proceedings. In other words, institution of dispute resolution proceedings under Article 50(1) does not require the consent or agreement of any person one is in dispute with. And just as such instituted proceedings are legally valid for courts, so also are they legally valid for other independent and impartial tribunals or bodies!

Aluochier Dispute Resolution does not confine itself to domestic arbitrations – that is arbitrations only involving disputants who are Kenyans, or based in Kenya, or whose central managements are based in Kenya. Aluochier Dispute Resolution also administers international arbitrations – that is arbitrations involving at least a disputant who is not Kenyan, or is not based in Kenya, or is not centrally managed in Kenya, or for disputes with disputants of the same nationality or residency but who designate their “seat of arbitration” as Kenya, to take advantage of Kenyan law for the conduct of their arbitration. It should be noted that the fair and public hearing right captured in Article 50(1) of the Constitution of Kenya, 2010 is not for the benefit of only Kenyans or Kenyan residents. It is for the benefit of EVERY PERSON wheresoever located, irrespective of nationality. Meaning that any person, anywhere in the world, can institute arbitration proceedings at Aluochier Dispute Resolution without the consent or agreement of another person with whom that first person is in dispute, and that Aluochier Dispute Resolution will then proceed to administer such an arbitration in accordance with its Arbitration Rules made under the laws of Kenya, governed mainly by the Constitution of Kenya, 2010, the Fair Administrative Action Act, 2015 and the Arbitration Act, 1995. The substantive law governing the dispute is that applicable to the parties in dispute, and is not necessarily the law of Kenya, with only the procedural law governing the arbitration being the law of Kenya.

Aluochier Dispute Resolution welcomes you to explore this website for more of the dispute resolution services available to you.