ADR
Constitutionally Grounded · Article 1(3)(c) · Kenya

Aluochier
Dispute Resolution

Arbitration  ·  Adjudication  ·  Mediation  ·  Succession ADR
Isaac Aluochier S.Arb, S.Adj, FCIArb, CPM
NCIA Appointee
Rongo, Kenya

Sovereign power belongs to the people of Kenya and is delegated under Article 1(3)(c) of the Constitution to both the Judiciary and independent tribunals. Aluochier Dispute Resolution constitutes and administers those independent tribunals — delivering justice that is expeditious, lawful, and constitutionally disciplined across arbitration, adjudication, mediation, and succession dispute resolution.

Authority
Article 1(3)(c)
Constitution of Kenya
Frameworks
AITAR · AISTAR
ADR Mediation Rules
Reach
Domestic &
International
Consent Required?
No — jurisdiction
from the Constitution

Grounded in the Sovereign Authority of the People

"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."

Article 50(1) — Constitution of Kenya, 2010
Article 1(3)(c) — Delegation of Sovereign Power

Independent Tribunals as Constitutional Actors

Sovereign power belongs to the people and is delegated to courts and independent tribunals alike. An Aluochier Dispute Resolution Tribunal is an independent tribunal within the meaning of Article 1(3)(c)(ii) — drawing authority from the same constitutional source as the Judiciary, but operating outside the court hierarchy as a constitutionally recognised parallel channel of sovereign delegation.

Article 50(1) — The Right to a Tribunal

Jurisdiction Without Consent

Just as a person does not require the agreement of an opposing party before commencing court proceedings, no such agreement is required before invoking Aluochier Dispute Resolution's adjudicative jurisdiction. Article 50(1) constitutionally validates this. Non-consensual adjudication proceedings are legally valid before an independent tribunal as they are before a court.

Article 47 — Fair Administrative Action

The Constitutional Standard

Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. All proceedings administered by Aluochier Dispute Resolution are administrative actions within the meaning of Article 47. The Fair Administrative Action Act, 2015 operationalises these rights and applies fully to all proceedings, affording parties procedural protections materially higher than in ordinary litigation.

Article 159 — Judicial Authority from the People

Justice Without Delay

Article 159(2)(b) requires that justice not be delayed. Kenya's courts face a structural backlog that makes timely resolution increasingly difficult for many disputes. Aluochier Dispute Resolution's institutional frameworks — including the 60-day Structured Settlement Track for agreed estates and defined post-determination finality timelines — are a constitutional response to that structural challenge.

Three Rule Frameworks — Every Dispute Covered

Aluochier Dispute Resolution administers proceedings under three institutional frameworks, each constitutionally grounded and purpose-built for its domain. Together they cover the full range of dispute resolution needs — from general commercial disputes to succession, estate, and inheritance matters.

General Dispute Resolution Framework

AITAR 2026

The Aluochier Independent Tribunals Administrative Rules — the general institutional framework governing all non-specialist dispute resolution proceedings administered by Aluochier Dispute Resolution. AISTAR operates as a specialist instrument within the AITAR general framework.

  • Non-consensual adjudication under Article 50(1)
  • Consensual arbitration under the Arbitration Act, 1995
  • General institutional infrastructure shared across all ADR instruments
  • ACDS, AQAF, Permanent Registry, SRT — unified across all proceedings
  • AITAR Digital Gazette — official institutional publication platform
  • Third Edition 2026
AITAR Digital Gazette →
Mediation Framework

ADR Mediation Rules 2026

The Aluochier Dispute Resolution Mediation Rules 2026 — a 35-rule instrument governing mediation proceedings across ten Parts and four Schedules, grounded in Articles 47, 48, 50(1), and 159(2)(c) of the Constitution. Compatible with both AISTAR and AITAR proceedings.

  • Facilitative and evaluative mediation pathways
  • Constitutionally grounded under Articles 47, 48, and 159(2)(c)
  • Expressly compatible with AISTAR SST Facilitator role
  • Mediation settlements enforceable under CPA section 59D
  • Alternative enforcement via FAA Rule 37 and CPR Order 22
  • 35 Rules · 4 Schedules
Invoke Mediation →

The Aluochier Dispute Resolution Advantage

Kenya's courts serve an important constitutional function — but structural constraints mean that many disputes face years of delay before resolution. Aluochier Dispute Resolution exists precisely because Article 159(2)(b) of the Constitution requires that justice not be delayed, and because Article 50(1) gives every person the right to have disputes resolved before another independent and impartial tribunal or body.

Unlike informal or unstructured ADR, proceedings administered by Aluochier Dispute Resolution carry the full weight of constitutional authority — Determinations and Certificates of Settlement are administrative actions under Article 47, subject to the Fair Administrative Action Act, and enforceable through the High Court where necessary. This is not merely alternative dispute resolution. It is constitutionally grounded dispute resolution.

The Institutional Interested Party architecture — unique to the Aluochier frameworks — binds banks, land registries, company registrars, insurance companies, and other compliance-required institutions in the proceedings before a Determination is issued. This eliminates the secondary enforcement problem that afflicts most ADR outcomes and is not available in court proceedings at the same pre-determination stage.

Proceedings are available remotely across Kenya and internationally. For domestic disputes, Kenyan procedural law applies. For international arbitrations, the substantive law governing the dispute is that applicable to the parties — not necessarily Kenyan law — with Kenyan procedural law governing the conduct of the arbitration.

60
Day target timeline — AISTAR Structured Settlement Track — from filing to operative finality for agreed estates
132
Day maximum from Determination to absolute finality — contested adjudication including full SRT review
KES 2,000
Filing fee for any AISTAR pathway — Adjudication, Arbitration, or SST. Fees on estate, not personally
No
Consent required — adjudicative jurisdiction derives directly from Article 50(1) of the Constitution

Isaac Aluochier
S.Arb, S.Adj, FCIArb, CPM

Isaac Aluochier is the founder and Principal of Aluochier Dispute Resolution — a registered business name of Serveyah Limited, based in Rongo, Kenya. He is the architect of the AISTAR 2026, AITAR 2026, and ADR Mediation Rules 2026 institutional frameworks, and the author of three published works in the Inheritance Justice series.

His professional background spans quantity surveying, project management, contracts management, claims consultancy, and dispute resolution across construction and financial services industries in England and Kenya. He brings to Aluochier Dispute Resolution a uniquely multidisciplinary perspective — combining deep technical expertise in construction and finance with rigorous constitutional and administrative law practice.

He is a Fellow of the Chartered Institute of Arbitrators (FCIArb), a Certified Professional Mediator (CPM), and is appointed to the Panel of Arbitrators of the Nairobi Centre for International Arbitration (NCIA). He holds an MSc from Cranfield University and has conducted constitutional litigation at all levels of Kenya's court hierarchy, including the Supreme Court.

His practice spans institutional dispute resolution framework development, commercial arbitration, succession ADR, constitutional litigation, and mediation — with a particular focus on making constitutionally grounded dispute resolution accessible to all Kenyans, not only those who can access the courts.

Institutional Designation
S.Arb, S.Adj — Aluochier Dispute Resolution
Fellowship
FCIArb — Chartered Institute of Arbitrators, London
Mediation
CPM — Certified Professional Mediator
Appointment
Nairobi Centre for International Arbitration
Academic
MSc — Cranfield University, UK
Litigation
Constitutional litigation — all court levels including Supreme Court
Based
Rongo, Migori County, Kenya
Available nationwide and internationally

What Aluochier Dispute Resolution Does

From consensual succession settlements to international commercial arbitrations, Aluochier Dispute Resolution provides a complete institutional dispute resolution service — constitutionally grounded, professionally administered, and procedurally rigorous.

01 · AISTAR Part IV

Succession Adjudication

Non-consensual adjudication of estate and succession disputes. No agreement of the opposing party required. Jurisdiction from Article 50(1).

02 · AISTAR Part VIII

Structured Settlement Track

60-day consensual estate settlement verification. Certificate of Settlement operative immediately. Banks and registries bound from the outset.

03 · AISTAR Part V / AITAR

Commercial & Succession Arbitration

Domestic and international arbitration under the Arbitration Act, 1995. Testamentary, submission, and institutional election arbitrations all accepted.

04 · ADR Mediation Rules

Mediation

Facilitative and evaluative mediation under the ADR Mediation Rules 2026. Settlements enforceable under CPA section 59D and the FAA Act framework.

05 · Part VII AISTAR

Dormant Estate Activation

Identification of beneficiaries, preservation of assets, and structured settlement of estates where no lawful personal representation has been constituted.

06 · AISTAR Part VI

Supervisory Review

SRT internal review of Determinations for procedural regularity and legal soundness. Mandatory internal remedy before High Court approach.

07 · Roster Programme

Arbitrator & Mediator Training

Professional certification training for admission to the AISTAR and AITAR Roster. Sector-specific tracks including construction and succession ADR.

08 · Constitutional Practice

Constitutional Litigation

Constitutional petitions and public interest litigation. Experience at all court levels including the Supreme Court of Kenya.

The Definitive Practitioner and Family Guides

Three published works establishing Aluochier Dispute Resolution's thought leadership in inheritance dispute resolution — from the foundational constitutional guide to the comprehensive successor beyond probate.

Free Practitioner Text

Kenyan Arbitration: The Constitutional Guide

The foundational constitutional guide to arbitration practice in Kenya — covering jurisdiction, procedure, enforcement, and the constitutional framework of independent tribunals. Available free of charge to all practitioners.

Download Free →
Specialist Practitioner Text

Inheritance Justice: Arbitration in Kenya's Constitutional Framework

The specialist practitioner text on succession arbitration — jurisdiction, procedure, enforcement of awards, and the intersection of the Arbitration Act with the Law of Succession Act and the Constitution.

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Definitive Text · Succession ADR

Inheritance Justice: Effective and Efficient Succession Beyond Probate

The comprehensive treatment of succession dispute resolution beyond the court probate system — the most thorough practitioner and family guide to inheritance justice in the Kenyan constitutional context, including the SST pathway.

Acquire Copy →

Initiate Proceedings or Enquire

To invoke proceedings under any of the Aluochier institutional frameworks, or to enquire about services, Roster admission, or training programmes, reach out through the channels below.