AITAR 2026 is the general institutional framework of Aluochier Dispute Resolution. It governs all non‑specialist dispute resolution proceedings: commercial, employment, land, administrative, family, through two co‑equal procedural highways: the Adjudication Highway (unilateral, constitutional) and the Arbitration Highway (consensual, New York Convention enforcement).
Constitution of Kenya
Arbitration
(NY Convention + FAA + CPR)
Delegated Sovereign Power | Article 1(3)(c)
The people of Kenya delegated their sovereign power to independent tribunals. AITAR Tribunals exercise that authority directly from the Constitution, not from a contract.
Article 1(3)(c)(ii)
Independent tribunals are State organs, co equal with courts. The Appointment Instrument is a procedural mechanism: the authority pre exists in the Constitution.
Article 47 | Fair Administrative Action
Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable, and procedurally fair. All AITAR proceedings are administrative actions under the FAA Act.
Article 50(1) | Open Hearing & Forum Selection
Every person has the right to have any dispute decided in a fair and public hearing before a court or another independent and impartial tribunal. This right is inherent and exercisable unilaterally.
Article 25(c) | Fair Trial Non limitable
Despite any other provision, the right to a fair trial (including forum selection) shall not be limited: a double constitutional shield.
Before any limitation on a constitutional right can be imposed, the Constitution must first contemplate that limitation. For non criminal disputes, no limitation on forum selection is contemplated; the right to choose AITAR Adjudication is absolute.
Adjudication Highway & Arbitration Highway
Adjudication Highway | Non Consensual
Any person may invoke this pathway unilaterally. No prior arbitration agreement is required. Jurisdiction derives directly from Article 50(1). The process is governed by the Fair Administrative Action Act (FAA Act) and AITAR 2026 Part IV.
Key features: pre decision notice (FAA Act s.4(3)), open proceedings (Article 50(1)), joinder of Institutional Interested Parties (Rule 21), Determination with reasons, enforcement via FAA Act s.11 to High Court compliance order to Order 22 execution.
Arbitration Highway | Consensual
Available only where the parties have a valid arbitration agreement (contractual clause, submission agreement, or institutional election). Governed by the Arbitration Act, 1995, and AITAR 2026 Part V.
Key features: party autonomy, kompetenz kompetenz (Rule 44), separability (Rule 36.4), Award enforceable under the New York Convention (international) or Arbitration Act Part III (domestic).
A pre dispute arbitration clause does not oust the Adjudication Highway. Under Article 50(1), a party may elect court or adjudication when the dispute arises, regardless of a contractual clause. Rule 36.3 gives effect to this constitutional right.
Procedural Safety Mechanisms Embedded in AITAR
Pre Decision Notice (FAA Act s.4(3)(a)&(b))
Before issuing any adverse Determination or Award, the Tribunal must give the affected party prior written notice of the proposed decision and a reasonable opportunity to make representations. This is a mandatory constitutional step, distinct from the hearing.
Open Proceedings (Article 50(1))
Hearings are open to the public as a constitutional default, on both Highways. Only the four narrow grounds of Article 50(8) (witness protection, morality, public order, national security) can justify closure. A contractual confidentiality clause cannot override the Constitution.
Joinder of Institutional Interested Parties (Rule 21)
If a Determination will require action by a bank, land registry, company registrar, or other institution, that institution must be joined before the Determination is issued. Service of Form A34 constitutes pre‑decision notice; the institution is bound to comply. Failure to join gives a constitutionally defensible refusal.
Quality Assurance Retention (AQAF)
20% of the Tribunal member's professional fee is held in the AQAF for 42 days. If no review is filed or the Determination is upheld, the retention is released. If set aside, it is transferred to the parties/estate – aligning financial incentives with quality.
Encouraging Amicable Resolution
Article 159(2)(c) mandates the promotion of alternative dispute resolution. AITAR provides multiple pathways to convert settlements into binding, enforceable instruments.
Stand alone Settlement Application (Rule 24.7)
Parties who have reached a settlement, before or after proceedings, may jointly file a Settlement Application (Form A33). The Tribunal conducts a verification review (no violation of law, not manifestly unjust, voluntary). If satisfied, a Consent Determination is issued with Sovereign Hash, enforceable as a final Determination.
Mediation Integration (Rule 61)
Parties may refer their dispute to mediation under the ADR Mediation Rules 2026. The proceeding is suspended (subject to expeditiousness). If a mediated settlement is reached, it can be filed as a Settlement Application and adopted as a Consent Determination. If mediation fails, 50% of the mediation administrative costs are credited against subsequent arbitration/adjudication.
Consent Determination
Has the same legal force, finality, and effect as a contested Determination. Includes a payment direction, Sovereign Hash, and Certificate of Finality. Enforceable under Rule 59.
Confidentiality | Mediation vs. Adjudication
Mediation proceedings (Article 159(2)(c)) are not adjudicative; they may be confidential. However, once a settlement is adopted as a Consent Determination, the Determination itself is public. This is the constitutionally sound boundary.
Supervisory Review Tribunal (SRT)
The SRT is an internal quality assurance mechanism; not a court. It exercises purely supervisory jurisdiction under Part VII of AITAR 2026.
Supervisory Only Review
The SRT reviews procedural regularity and legal soundness (FAA Act s.7 grounds). It does not re evaluate factual findings, re weigh evidence, or substitute its own decision. It cannot conduct a de novo merits review.
Four SRT Powers (Rule 57)
Confirm, correct, remit, or set aside. A full set aside extinguishes the Determination entirely; the Slip Rule has no application, and a newly constituted Tribunal starts afresh.
90 Day Mandatory Period
The SRT must determine a Review Application within 90 days of filing. Failure results in abatement; the original Determination stands final, and the SRT member may be personally liable for abortive costs.
Certificate of Finality & Sovereign Hash
After exhaustion of review (or expiry of the 42 day window), the Certificate of Finality is issued. The Sovereign Hash (SHA 256) provides immutable digital verification for registries and courts.
Non delivery within 90 days = abatement (lapse by operation of law). This is not a merits dismissal; the underlying Determination becomes final but issue estoppel does not arise. The aggrieved party may still seek judicial review of the primary Tribunal's action.
Transparent, Proportional, Constitutional
All fees are set out in the First Schedule of AITAR 2026. The parties are jointly and severally liable for the costs of the proceedings (excluding their own legal costs).
Ad Valorem Fee Tables
Domestic (KES) and international (USD) tariffs based on the value of the dispute. The ex parte / consent rate (50% of the standard fee) applies where the respondent does not participate or the parties settle.
Administrative costs = 20% of the professional fee; a constant formula. VAT (16%) is charged on the total of professional fee + administrative costs.
AQAF Retention & Indigent Status
20% of the Tribunal member's professional fee is retained in the AQAF (Quality Assurance Retention) for 42 days. It is released if no review or the Determination is upheld. An indigent party may apply for waiver of upfront fees under Article 48.
Costs Follow the Event
The Tribunal may depart from the general rule with reasons (e.g., unreasonable conduct, partial success). Recoverable representation costs are capped by the Advocates Remuneration Order scale.
International Arbitrations
Fees are in USD. The nationality rule (Rule 37.4) requires that a sole or presiding arbitrator not have the same nationality as any party. Awards are enforceable under the New York Convention in 170+ countries.
Roster, Representation, Gazette & Electronic Case Management
AITAR Roster (Tiers A, B, C)
Admission to the Roster is through the AITAR Tribunal Training Programme or direct entry portfolio assessment. Tier A members handle standard matters; Tier B members serve on the SRT and complex cases; Tier C are technical experts.
Join the RosterParty Representation | No Category Restriction
Under Rule 20.5 and Article 19(3)(c), every party may be represented by any person of their choosing: advocate, accountant, family member, or other. The Tribunal regulates conduct, not category.
AITAR Digital Gazette
The official institutional publication platform for notices, amendments, Roster updates, and selected adjudicative instruments. Publication constitutes institutional notice for all proceedings.
Visit the GazetteACDS | Electronic Case Management
The AITAR Case Documentation System (ACDS) is the secure digital platform for filing, case tracking, document exchange, and communication. All proceedings are managed electronically; physical filing is available during the transitional period as a backup.
For those who prefer to represent clients rather than serve as Tribunal members, the ARP provides a formal qualification and a public register. ARP registered representatives are trained in AITAR procedure and ethical standards.
Initiate a Dispute under AITAR 2026
Whether you need unilateral adjudication or consensual arbitration, the first step is to submit an online intake form. All documents must be uploaded in electronic format; no paper submissions.
Contact RegistryAfter submission, the Registry will assign a Case Reference Number and, where appropriate, initiate the appointment of a Tribunal member. For urgent matters (e.g., pre election disputes), indicate urgency in the form. For training and Roster admission, visit the training fees page.