A constitutionally-grounded institutional framework for the resolution of succession and estate disputes in Kenya — operating under Article 1(3)(c)(ii) of the Constitution, the Fair Administrative Action Act, 2015, and the Arbitration Act, 1995. The Sixth Edition introduces the Structured Settlement Track — a third operational pathway achieving operative finality within 60 days for consensual estates.
AISTAR derives its adjudicative authority directly from the Constitution of Kenya — not from statute, not from court delegation, and not from private agreement alone. Four constitutional provisions form the foundational architecture.
Sovereign power belongs to the people and is delegated to independent tribunals alongside the Judiciary and the Executive. An AISTAR Tribunal is an independent tribunal within the meaning of this provision — its authority derives from the same sovereign source as judicial power itself. Aluochier Dispute Resolution is the permanent administrative institution that constitutes, governs, and supports these ad hoc tribunals; it is not itself the tribunal.
Every person has the right to administrative action that is lawful, reasonable, and procedurally fair. All AISTAR proceedings — including the Facilitator's verification review in SST proceedings — are administrative actions within the meaning of Article 47. Every Determination, Award, and Certificate of Settlement issued under AISTAR is subject to the requirements of the Fair Administrative Action Act, 2015.
Every person has the right to have any dispute resolved by the application of law in a fair and public hearing before a court or another independent and impartial tribunal or body. Article 50(1) constitutionally validates the existence and jurisdiction of AISTAR as an adjudicative body. Proceedings are conducted publicly unless restricted under Article 50(8).
The Law of Succession Act governs all succession in Kenya. Section 45(1) authorises estate administration by any person authorised by other written law — the Constitution and FAA Act constituting such other written law. A personal representative appointed by a certified AISTAR Determination requires no court-issued grant of representation. The Act's substantive succession law governs all AISTAR proceedings and is the primary compliance standard in the Structured Settlement Track.
The Sixth Edition introduces a third operational pathway — the Structured Settlement Track — alongside the established Adjudication and Arbitration Highways. Together, the three pathways ensure that every succession matter, whether consensual or contested, has a constitutionally-grounded resolution route.
Where consent is absent or withheld by one or more parties, adjudication proceedings are conducted under Part IV pursuant to the constitutional delegation of adjudicative authority. Jurisdiction does not depend on private consent — it derives from Article 1(3)(c) and Article 50(1) of the Constitution.
Non-participation does not block the proceedings or the Determination. Every affected party receives pre-decision notice and the right to make representations.
Where all parties agree to submit their dispute to resolution under AISTAR, arbitration proceedings are conducted under Part V pursuant to a valid arbitration agreement. The arbitration is governed by the Arbitration Act, 1995.
An arbitration agreement may be testamentary, contained in a trust deed, a submission agreement, or an institutional election by parties in pending adjudication proceedings.
Where all primary parties have already reached agreement, the SST provides a recording and verification service — not an adjudication. The Facilitator, as an appointed Roster member, verifies legal compliance and issues a Settlement Verification Certificate. The Registry then issues a Certificate of Settlement operative immediately upon issue.
The SST is AISTAR's answer to the question every family with an agreed estate asks: why do we still have to go to court? Where all primary parties have reached agreement, the SST records, verifies, and gives legal effect to that agreement — without adjudication, without a contested hearing, and without the court queue.
The Facilitator applies the full Article 159(3) standard — Bill of Rights, Constitution, and all applicable written law including the Law of Succession Act, Land Registration Act, Matrimonial Property Act, Companies Act, Children Act, and Insolvency Act — using the structured TPD 08/2026 Compliance Checklist.
The settlement agreement between parties is a consensual instrument — not administrative action. The Facilitator's verification review and the Certificate of Settlement are administrative action under Article 47. The full suite of FAA Act rights applies, including the 42-day review period and SRT review for any affected non-party.
Any person not party to the settlement who has a qualifying interest — an unknown beneficiary, creditor, or dependant — may invoke the Adjudication Highway under Part IV, or apply for SRT review of the Certificate of Settlement within 42 days of becoming aware of it. Internal remedies must be exhausted before approaching the High Court.
Any primary party may withdraw from the SST at any time before the Certificate of Settlement is issued and invoke the Adjudication Highway. On conversion, the Facilitator is offered continued appointment as Tribunal member — preserving institutional continuity with no double fee. All SST preparatory work is preserved in the Registry record.
The AISTAR institutional framework comprises the consolidated rules, a suite of standard forms, schedules, and transitional practice directions including the new TPD 08/2026 Facilitator's Legal Compliance Checklist. All documents are available for download below.
The complete rules — 77 rules, 10 schedules, constitutional foundation, three operational pathways, enforcement architecture, and the Structured Settlement Track. Incorporates all amendments through the Sixth Edition including the full Article 159(3) compliance standard and TPD 08/2026.
Download Rules ↓The complete suite of 49 standard forms supporting proceedings under the Rules — from Petition for Adjudicative Settlement (B1) through to the Referral Notice for SST to Adjudication Highway conversion (B49). Includes all SST forms B44–B49. Full templates maintained in the AISTAR Case Documentation System.
Full forms suite — forthcoming in ACDSThe structured checklist used by the Facilitator in every SST settlement verification review — covering Law of Succession Act, Bill of Rights, Land Registration Act, Matrimonial Property Act, Companies Act, Children Act, Insolvency Act, voluntariness confirmation, inventory completeness, and institutional instruction precision.
View in Schedule G ↓The foundational practitioner text on arbitration in Kenya's constitutional framework — available free of charge to all practitioners and institutions engaging with AISTAR proceedings.
Download Free ↓The specialist practitioner text on succession arbitration — covering jurisdiction, procedure, and enforcement of succession arbitral awards under the constitutional and statutory framework.
Acquire Copy →The comprehensive treatment of succession dispute resolution beyond probate — the most thorough practitioner and family guide to inheritance justice in the Kenyan constitutional context, including the SST pathway.
Acquire Copy →The Sixth Edition consolidates nine Parts, ten Schedules, and seventy-seven Rules. Part VIII — the Structured Settlement Track — is the principal addition of the Sixth Edition.
Foundation, interpretation, purpose, constitutional status, jurisdiction, forum choice
Governance, administration, Roster, admission, oath, appointment, quality assurance, digital framework
Petition, verification, preservation orders, notification, joinder, institutional interested parties
Case management, disclosure, hearings, evidence, determination, certification, revocation proceedings
Agreement, notification, constitution, jurisdiction, hearings, award, enforcement cross-reference
Slip rule, internal review, grounds for review, SRT powers, finality, constitutional supervision
Dormant estates, trust corporations, institutional capacity, non-substitution
SST availability, joint invocation, public notification, inventory verification, institutional representations, Facilitator role, Certificate of Settlement, referral, withdrawal, timeline, fees, record
Fees, Digital Gazette (transitional publication mechanism), open proceedings, liability, transitional provisions, amendments, severability
AISTAR's enforcement architecture binds compliance-required institutions before the Determination or Certificate of Settlement is issued — making court enforcement proceedings the exception rather than the rule. This architecture applies across all three pathways, including the Structured Settlement Track.
All banks, land registries, company registrars, insurance companies, and other compliance-required institutions are joined as Institutional Interested Parties before the Determination or Certificate of Settlement is issued. In SST proceedings, institutions are served with the complete settlement package — including verified asset inventory and specific transmission instructions — and given 14 days to file representations. Deemed acceptance on non-response. No court proceedings required.
Where Tier 1 compliance is resisted, enforcement may be sought under Rule 41 of the Fair Administrative Action Rules, 2024, invoking the jurisdiction of the High Court under CPR Order 22. Available for adjudications, arbitrations, and SST Certificates of Settlement. Tiers 2 and 3 are alternative, not sequential.
Where the proceeding is an arbitration, enforcement may be sought under section 36 of the Arbitration Act by application to the High Court. Available specifically for arbitral Awards under Part V. At the enforcement stage, the merits of the underlying Determination or Award are not re-examined.
Once an AISTAR Determination is issued, the post-determination process operates on a defined and bounded timeline — categorically different from the indeterminate court enforcement queue. The Structured Settlement Track achieves operative finality even faster, within the 60-day target itself.
AISTAR — the Aluochier Independent Succession Tribunals Administrative Rules — is the institutional framework for succession dispute resolution established by Aluochier Dispute Resolution. It is grounded in the constitutional architecture of Articles 1(3)(c), 47, and 50(1) of the Constitution of Kenya, operationalised through the Fair Administrative Action Act, 2015, and integrated with the Law of Succession Act and the Arbitration Act, 1995.
The Sixth Edition introduces the Structured Settlement Track as a third operational pathway — joining the Adjudication Highway and the Arbitration Highway. The SST provides a recording and verification service for consensual estates, achieving operative finality within a 60-day target through the Facilitator's legal compliance verification and the Registry's issue of a Certificate of Settlement. The SST is constitutionally grounded: both the Facilitator's review and the Certificate of Settlement are administrative action under Article 47 and the FAA Act.
AISTAR is an institutional instrument of Aluochier Dispute Resolution — a registered business name of Serveyah Limited, based in Rongo, Kenya. The Founder and Principal Arbitrator is Isaac Aluochier S.Arb, S.Adj, FCIArb, CPM, a Fellow of the Chartered Institute of Arbitrators and appointee of the Nairobi Centre for International Arbitration.
AISTAR operates alongside — not in substitution of — the court-based probate process. Both pathways are parallel and co-equal. The Law of Succession Act's substantive succession law governs all AISTAR proceedings across all three pathways.
To invoke AISTAR proceedings, file a Petition for Adjudicative Settlement (Form B1), a Request for Arbitration (Form B2), or a joint Settlement Application (Form B44) through the intake form below. For professional enquiries, contact the Principal directly.