1. Filing Fees
| Service | Fee (KES) |
|---|
| Petition for Adjudicative Settlement (Rule 17) | 2,000 |
| Request for Arbitration (Rule 38) | 2,000 |
| Application for Review (Rule 51) | 2,000 |
| Application for Administrative Preservation Order (Rule 19) | 2,000 |
| Settlement Application (Structured Settlement Track) (Rule 60) | 2,000 |
1A. Publication Disbursements (Transitional)
| Service | Disbursement (KES) |
|---|
| Newspaper publication — SST application (Rule 60(3)(b)) | 15,000 |
| Newspaper publication — Adjudication Highway petition (Rules 18(4) and 20(3)) | 15,000 |
| Applies during transitional period under Rule 72(3). Disbursement collected at filing, held by Registry, disbursed to newspaper upon publication. |
1B. SST Facilitator Fees
| SST Outcome | Facilitator Fee |
|---|
| Concluded SST — Certificate of Settlement issued | Uncontested estate fee (see Section 2) |
| Inconclusive SST — Referral Notice issued; no Certificate of Settlement | Mediation fee (50% of applicable uncontested estate fee) |
| The QAR (20%) applies. Charge on estate from date of Referral Notice ranks as administration expense under LSA s.83(c). |
2. Tribunal Professional Fees (Ad Valorem)
| Estate / Subject Matter Value | Uncontested Fee | Contested Fee | Minimum |
|---|
| Up to KES 1,000,000 | 5% of value | 7.5% of value | KES 30,000 |
| Above KES 1,000,000 | 1% of value | 1.5% of value | — |
2A. Discrete / Isolated Disputes
| Disputed Asset Value | Uncontested (KES) | Contested (KES) |
|---|
| Up to 50,000 | 17,640 | 26,460 |
| 50,001 – 100,000 | 23,520 | 35,280 |
| 100,001 – 200,000 | 35,280 | 52,920 |
| 200,001 – 500,000 | 58,800 | 88,200 |
| 500,001 – 1,000,000 | 100,000 | 150,000 |
| 1,000,001 – 20,000,000 | As for 1,000,000 plus 1% above |
| 20,000,001 – 250,000,000 | As for 20,000,000 plus 0.5% above |
| Over 250,000,000 | As for 250,000,000 plus 0.1% above |
3. Institutional Fee
| 20% of Tribunal Professional Fee (supports ACDS, Registry, Digital Gazette, roster management, training) |
4. Quality Assurance Retention (AQAF)
| 20% of Tribunal Professional Fee — held in AQAF pending 42-day review period. Released upon expiry without review, or upon SRT affirmation. Transferred to estate if Determination set aside. |
5. Representative Fee Caps
| Scale of Representative Fees adopted from Schedule 11 of the Advocates (Remuneration) Order. Fees for professional representation in AISTAR proceedings are capped at a reasonable percentage of gross estate value. |
6. Disbursements
| Land search fees, valuation costs, Kenya Gazette publication fees, forensic audit costs, registry search fees — settled as they arise from liquid estate funds. Rank as administration expenses under LSA s.83(c). |
7. Deferred Professional Fee & Institutional Lien
| Professional fees constitute a statutory lien on estate assets realised upon Certificate of Finality. Upon Interim Inventory Order, Institution may register a lien equivalent to a caution on relevant estate assets. |
8. Compensatory Liability for Obstruction
| Where a party causes financial prejudice through non-disclosure, wilful obstruction, bad-faith objections, or intermeddling, Tribunal may order restitution, reimbursement of additional professional costs, and surcharge of such liability against the offending party's share. |
9. Indigent Status
| Upfront levy suspended where applicant demonstrates financial hardship. Deferred fees recorded as first charge on estate assets. Where estate has no recoverable value, accrued costs may be written off from AISTAR Legal Aid Fund. File Form B35. |
10. Late Payment Interest
| Where total fees unpaid 60 days after Certificate of Finality, interest accrues at court rate (currently 12% per annum), simple interest, recorded through ACDS. |
11. Supervisory Review Tribunal (SRT) Fees
| Composition | Fee |
|---|
| Sole Member Sitting (Default) | SRT Member's Fee: 50% of primary Tribunal fee, minimum KES 50,000
Administrative Costs: 20% of SRT Member's Fee |
| Panel of Three | SRT Member's Fee (per member): 50% of primary Tribunal fee, minimum KES 50,000 per member
SRT Chairperson's Fee: 150% of SRT Member's Fee
Administrative Costs: 20% of aggregate panel fee |
| SRT fee payable only upon delivery of reasoned determination within 90-day statutory period. Failure → refund. |
⚖️ Legal Framework: All fees are administration expenses of the estate under section 83(c) of the Law of Succession Act, ranking in priority before creditor claims and beneficiary distributions. The Tribunal may adjust fees downward if strict application produces manifest disproportionality (Schedule D Item 2).
💳 Payments: Payments may be made via M-Pesa Paybill 522533 Account 5811529, or by bank transfer (details on request). For international payments, contact the Registry for wire instructions.