Types of Disputes
Article 50(1) of the Constitution of Kenya, 2010 provides that every person has the right to have ANY DISPUTE that can be resolved by the application of law decided in a fair and public hearing before a court or, if appropriate, another independent and impartial tribunal.
The Constitutional Framework
Article 50, encapsulating the fair hearing right, is one of the rights and fundamental freedoms within the Bill of Rights contained in Chapter Four of the Constitution of Kenya, 2010. Article 19(3) of the Constitution provides that the rights and fundamental freedoms in the Bill of Rights — (a) belong to each individual and are not granted by the State; (b) do not exclude other rights and fundamental freedoms not in the Bill of Rights, but recognised and conferred by law, except to the extent that they are inconsistent with this Chapter; and (c) are subject only to the limitations contemplated in this Constitution. Consequently, unless the fair hearing right at Article 50 is limited as contemplated in this Constitution, it is not subject to any other limitation.
Express Constitutional Limitations
Article 25 provides that despite any other provision in this Constitution, the following rights and fundamental freedoms shall not be limited — (c) the right to a fair trial. The right to a fair trial is captured in Article 50(2). It provides, in part, that every accused person has the right to a fair trial, which includes the right — (d) to a public trial before a court established under this Constitution. Consequently, as independent and impartial tribunals or bodies other than a court are not courts established under this Constitution, such tribunals or bodies may NOT entertain criminal proceedings in which accused persons are brought before them.
❌ Criminal Proceedings
Independent tribunals may not try criminal proceedings. The right to a public trial before a court established under the Constitution (Article 50(2)(d)) cannot be limited (Article 25).
All Other Disputes — Within Jurisdiction
This one type of disputes — criminal proceedings — is the only type of disputes that independent and impartial tribunals or bodies not a court are expressly limited by this Constitution from resolving.
Disputes We Handle
Commercial Disputes
Contracts, construction, insurance, sale of goods, agency, and other commercial transactions.
Succession & Estate Disputes
Intestate and testate succession, inheritance claims, dependants' rights, and dormant estate activation under AISTAR 2026.
Land & Property Disputes
Land ownership, boundaries, landlord-tenant, and other property-related disputes.
Employment & Labour Disputes
Contracts of service, termination disputes, and workplace grievances.
Family Law (Civil Aspects)
Matrimonial property, children's property rights, and family business disputes.
Constitutional & Administrative
Constitutional petitions (except criminal), administrative action challenges, and human rights enforcement (non-criminal).
Construction & Engineering
Payment claims, defects, delay, and professional negligence.
International Commercial
Cross-border contracts, investment disputes, and international trade.
Our Position
Aluochier Dispute Resolution, as an arbitral institution, administers arbitrations, adjudications, and mediations for all types of disputes save for criminal proceedings.