Public Access to Cases
Article 50(1) of the Constitution guarantees a public hearing before an independent and impartial tribunal. Aluochier Dispute Resolution is committed to open justice, balanced against legitimate privacy and confidentiality interests.
The Constitutional Default: Open Proceedings
Under AISTAR Rule 73 and the ADR Mediation Rules Rule 19, proceedings shall be open to the public in accordance with Articles 10 and 50(1) of the Constitution. Hearings shall be conducted publicly unless the Tribunal or Mediator determines that limited restrictions are necessary under Article 50(8) to protect the dignity, privacy, or safety of a witness or vulnerable person, prevent disclosure of Sensitive Personal Data, or prevent serious prejudice to the administration of justice. Any such restriction shall be strictly limited and recorded with written reasons.
Determinations of the Tribunal shall be publicly available, subject only to redaction of Sensitive Personal Data (biometric data, financial account numbers, health information, and data concerning minors).
Public Access Mechanisms
📰 AITAR Digital Gazette
Notices of Adjudication (AISTAR Rule 20(3)) and Notices of Settlement Proceedings (AISTAR Rule 60(3)(b)) are published in the AITAR Digital Gazette at gazette.aluochier.co.ke.
📁 Case Registry Access
Determinations and Certificates of Settlement are maintained in the AISTAR Permanent Registry. Subject to redaction of sensitive personal data, these instruments are accessible to the public upon request.
🔍 Sovereign Hash Verification
Any person may verify the authenticity of a Determination or Certificate of Settlement using the Sovereign Hash ID through the public verification interface.
🛡️ Confidentiality Exceptions
In mediation proceedings, confidentiality is protected under ADR Mediation Rules Rule 21 and Schedule C. Communications made in mediation are without prejudice and not admissible in subsequent proceedings except with consent or as permitted by law.
Access for Institutional Interested Parties
Banks, land registries, the Registrar of Companies, and other Institutional Interested Parties joined under AISTAR Rule 21 have enhanced access to case records relevant to their compliance obligations. These parties receive direct service of notices (Form B40, B44) and may access certified copies of Determinations and Certificates of Settlement through the Registry.
Request Access to a Case Record
To request access to a specific case record, please provide the AITAR Case Identifier or Sovereign Hash ID (if known), the name of the deceased (for succession matters) or parties (for commercial matters), the nature of your interest, and your full contact information to info@aluochier.co.ke.