Under the Constitution of Kenya, every person has the right to have any dispute resolved by an independent and impartial tribunal. AIETAR 2026 gives effect to that right for electoral disputes, from pre election nomination challenges to post election petitions.
Constitution of Kenya
(No arbitration)
4 month primary (post election)
available for post‑election
Why AIETAR 2026?
Election disputes demand speed, fairness, and constitutional legitimacy. AIETAR 2026 is a specialised administrative adjudication framework designed exclusively for electoral complaints; operating under the same delegated sovereign authority as courts.
Accelerated Statutory Timelines
Pre election nomination disputes are resolved within 7 days. Post election petitions have a 4 month primary cap, with a composite timeline (including SRT review) of 5 months 2 weeks — well within the constitutional 6‑month ceiling for parliamentary petitions.
Download framework overviewAdjudication Highway Only
Unlike AITAR (which offers both adjudication and arbitration), AIETAR is a single track instrument: all proceedings follow the Adjudication Highway under Article 47 and the Fair Administrative Action Act. Arbitration is explicitly barred; electoral disputes are resolved by public law adjudication, not private contract.
Pre Decision Notice (Form E1)
Before any final Determination, the Tribunal issues a public notice of the intended decision, together with full reasons. Affected parties have a statutory right to respond; a constitutional protection under FAAA section 4(3)(a) and (b).
Chess Clock Method
Oral hearings are managed by the Chess‑Clock Method: each side receives a fixed, non extendable block of time (3 hours in pre election, 4 hours in presidential track, 2 days in post election). This ensures equal treatment (Article 47(1)) and absolute timeline discipline.
Electoral SRT | Internal Review
The Electoral Supervisory Review Tribunal provides purely supervisory review; it does not rehear the merits, but examines compliance with Article 47. Where a curable defect is found, the matter is remitted. Where the defect is incurable and no time remains, the SRT issues a Certificate of Constitutional Infringement, opening direct High Court access.
Predictable Cost Structure
Fees are set by ad valorem tariff (First Schedule of AIETAR 2026). Registration and filing fees are deliberately low (e.g. MCA post election: KES 30,000 + VAT). Recoverable costs are capped by the Advocates Remuneration Order, preventing financial intimidation.
View full fee schedulePresidential Petitions | Rule 16 Frontier
Constitutional Basis Statement (Rule 16 of AIETAR 2026)
The constitutional chain, Articles 1(3)(c), 19(3)(c), 25(c), and 50(1), provides a textually grounded argument for AIETAR jurisdiction over presidential election petitions. This argument is novel and has not yet been judicially tested. Every presidential petition filed under Rule 16 carries a prominently displayed acknowledgment of its frontier status, and any party wishing to challenge the Tribunal's jurisdiction is invited to do so at the earliest opportunity so that the question may be authoritatively determined by the courts.
The 14 day presidential petition track follows the same accelerated procedures as post‑election petitions, with no SRT internal review window; direct escalation to the High Court under Article 165(6) is available within the 90 day window of FAAA section 8.
How AIETAR Works
AIETAR 2026 provides three distinct procedural tracks, each calibrated to the urgency of the underlying electoral dispute.
Pre Election Nomination Track
Rule 14 | 7 day primary track
Filing to Response (48 hours) to Trial (Chess‑Clock 3 hours per side) to Form E1 Pre‑Decision Notice (24‑hour response) to Final Determination on Day 7. No SRT review available due to time constraints; direct High Court access after exhaustion of internal remedies.
Post Election Petition Track
Rule 15 | 4 month primary cap
Primary adjudication capped at 4 months. 14 day continuous trial window (2 days per side under Chess Clock). Form E1 followed by 7 day response window. SRT review available: 2 week filing window, 4 week determination maximum. Composite timeline (primary + SRT) fits within the constitutional 6 month ceiling.
Presidential Petition Track
Rule 16 | 14 day fast track
14 day operational window: filing to 48 hour response to 4 day trial (4 hours per side) to Form E1 (72 hour response) to Final Determination. No SRT internal review. Direct escalation to High Court under Article 165(6) within the FAAA section 8 90 day period. Frontier constitutional position; parties invited to challenge jurisdiction if they wish.
Form E1 | Pre Decision Notice
Applicable to all tracks. Issued on the Digital Gazette. Contains: case details, proposed text of intended order, full empirical and legal reasons, adverse consequences notice, and a transparency certificate. Affected parties have a statutory right to respond (24 hours, 72 hours, or 7 days depending on track). Representations are integrated into the final Determination.
Electoral Supervisory Review Tribunal (SRT)
Internal Review | Not Appeal
The SRT exercises purely supervisory jurisdiction (FAAA section 7). It does not rehear the merits, re weigh evidence, or substitute its own decision. It examines compliance with Article 47 and the Fair Administrative Action Act. Available only for post election petitions (not pre election or presidential tracks).
SRT Powers & Certificates
Options: confirm, partial set aside, full set aside, or remittal. Where a set aside occurs and the timeline no longer permits remittal, the SRT issues a Certificate of Constitutional Infringement: a formal document identifying the violation and setting out the parties' legal options (High Court judicial review or Article 22 constitutional petition).
Training, Roster & Dispute Intake
AIETAR qualification is available through the AITAR Tribunal Training Programme (Module 15 | AIETAR Specialist). Existing Roster members may take the standalone AIETAR Specialist Supplement. The Authorised Representative Programme (ARP) also offers AIETAR qualification for those who wish to represent parties rather than serve as Tribunal members.
Training & Fees
AIETAR Specialist Standalone | KES 28,000 + VAT (Kenya residents); USD 215 (international, zero rated).
Income Share Agreement (ISA) available: pay 15% of future appointment fees, up to a cap of 2 times the notional fee. No upfront cost.
View training feesApply for the Roster
Qualify as an AIETAR Adjudicator or join the Electoral SRT panel. Tier A members with AIETAR qualification handle electoral proceedings within Tier A pecuniary jurisdiction.
Join the RosterElectoral Dispute Intake
Submit a Statement of Claim under AIETAR 2026. The intake form will be active soon. For urgent matters, contact the Registry directly.
Submit InquiryOfficial Documents
Download the full AIETAR 2026 rules, Practice Directions, and Gazette notices.
Visit the GazetteUse the online intake form to submit your electoral dispute under AIETAR 2026. All documents must be uploaded in electronic format; no paper submissions. For inquiries or assistance, contact the Registry at info@aluochier.co.ke.