Amending the Tier B professional indemnity insurance requirements in AITAR 2026 and AISTAR 2026 to introduce a proportionate coverage framework calibrated to the value of the matter under review.
To all Tier B Roster members, prospective Tier B members, and all institutional interested parties.
Pursuant to Rule 68 of AITAR 2026, the Chief Adjudicator and President of Independent Tribunals hereby amends the Fifth Schedule (Roster Tier Framework) of AITAR 2026 (Fourth Edition) as set out below, effective sixty (60) days from the date of publication of this Notice, being 4 July 2026.
The Tier B paragraph of the Fifth Schedule, from the sentence beginning "A Tier B member shall at all times maintain current professional indemnity insurance…" to the end of the insurance sub-provisions, is deleted in its entirety and replaced with the following:
A Tier B member shall at all times maintain current professional indemnity insurance as a condition of Tier B membership. The insurance obligation reflects the personal liability exposure of Tier B members, in particular the exposure of members serving on Supervisory Review Tribunals to abortive cost claims arising from non-delivery of a mandatory statutory determination within the ninety-day period under section 8 of the Fair Administrative Action Act (Cap. 7L).
The minimum coverage required as a condition of Tier B membership is KES 1,000,000 per claim. For the purpose of appointment to a Supervisory Review Tribunal, the minimum coverage required shall be determined by reference to the value of the matter under review, in accordance with the Professional Indemnity Coverage Schedule published by the Institution in the AITAR Digital Gazette from time to time. Until a revised Coverage Schedule is published, the minimum coverage for SRT appointment shall be:
(a) KES 1,000,000 per claim, where the original claim or estate value does not exceed KES 5,000,000;
(b) KES 2,000,000 per claim, where the original claim or estate value exceeds KES 5,000,000 but does not exceed KES 20,000,000;
(c) KES 5,000,000 per claim, where the original claim or estate value exceeds KES 20,000,000.
For the purposes of this paragraph, the value of the matter under review is the original claim value stated in the Petition or equivalent originating document in the primary proceedings, or the estate value as established by the Inventory in AISTAR proceedings, as the case may be.
The Institution shall maintain a record of each Tier B member's current coverage level in the AITAR Case Documentation System. The Chief Executive shall, when conducting a Roster search for SRT appointment, filter eligible members by reference to the coverage threshold applicable to the matter concerned. A Tier B member whose recorded coverage level is below the applicable threshold for a particular matter shall not appear in the Roster search results for that appointment.
Proof of current insurance, together with the coverage level, shall be filed with the Institution on admission to Tier B and renewed annually. A Tier B member whose insurance lapses shall be suspended from the Senior Review Pool until coverage is reinstated and proof provided to the Institution. A member whose coverage falls below the floor of KES 1,000,000 shall similarly be suspended until adequate coverage is reinstated.
The Institution may prescribe a higher minimum floor or revise the Coverage Schedule by publication in the AITAR Digital Gazette, with not less than sixty (60) days' notice to existing Tier B members before any increase takes effect. Any increase in the minimum floor or Coverage Schedule thresholds shall not require an existing Tier B member to increase coverage mid-policy-year; the increased requirement shall apply from the member's next annual renewal date following publication of the revised Schedule.
All other provisions of the Fifth Schedule and of AITAR 2026 remain in full force and effect.
Issued this 4th day of May 2026.
To all Tier B Roster members, prospective Tier B members, and all institutional interested parties.
Pursuant to Rule 76 of AISTAR 2026, the Chief Adjudicator and President of Independent Tribunals hereby amends Schedule C (Roster Tier Framework) of AISTAR 2026 (Seventh Edition) as set out below, effective sixty (60) days from the date of publication of this Notice, being 4 July 2026.
The Tier B paragraph of Schedule C, from the sentence beginning "A Tier B member shall at all times maintain current professional indemnity insurance…" to the end of the insurance sub-provisions, is deleted in its entirety and replaced with the following:
A Tier B member shall at all times maintain current professional indemnity insurance as a condition of Tier B membership. The insurance obligation reflects the personal liability exposure of Tier B members, in particular the exposure of members serving on Supervisory Review Tribunals to abortive cost claims arising from non-delivery of a mandatory statutory determination within the ninety-day period under section 8 of the Fair Administrative Action Act (Cap. 7L).
The minimum coverage required as a condition of Tier B membership is KES 1,000,000 per claim. For the purpose of appointment to a Supervisory Review Tribunal, the minimum coverage required shall be determined by reference to the value of the matter under review, in accordance with the Professional Indemnity Coverage Schedule published by the Institution in the AITAR Digital Gazette from time to time. Until a revised Coverage Schedule is published, the minimum coverage for SRT appointment shall be:
(a) KES 1,000,000 per claim, where the original claim or estate value does not exceed KES 5,000,000;
(b) KES 2,000,000 per claim, where the original claim or estate value exceeds KES 5,000,000 but does not exceed KES 20,000,000;
(c) KES 5,000,000 per claim, where the original claim or estate value exceeds KES 20,000,000.
For the purposes of this paragraph, the value of the matter under review is the original claim value stated in the Petition or equivalent originating document in the primary proceedings, or the estate value as established by the Inventory in AISTAR proceedings, as the case may be. In AISTAR proceedings where the estate value has not yet been established by Inventory at the time of SRT appointment, the Chief Executive shall apply the threshold applicable to the highest value band until the Inventory is concluded and the estate value confirmed, whereupon the applicable threshold shall be adjusted accordingly for any subsequent SRT appointments in the same matter.
The Institution shall maintain a record of each Tier B member's current coverage level in the AITAR Case Documentation System. The Chief Executive shall, when conducting a Roster search for SRT appointment, filter eligible members by reference to the coverage threshold applicable to the matter concerned. A Tier B member whose recorded coverage level is below the applicable threshold for a particular matter shall not appear in the Roster search results for that appointment.
Proof of current insurance, together with the coverage level, shall be filed with the Institution on admission to Tier B and renewed annually. A Tier B member whose insurance lapses shall be suspended from the Senior Review Pool until coverage is reinstated and proof provided to the Institution. A member whose coverage falls below the floor of KES 1,000,000 shall similarly be suspended until adequate coverage is reinstated.
The Institution may prescribe a higher minimum floor or revise the Coverage Schedule by publication in the AITAR Digital Gazette, with not less than sixty (60) days' notice to existing Tier B members before any increase takes effect. Any increase in the minimum floor or Coverage Schedule thresholds shall not require an existing Tier B member to increase coverage mid-policy-year; the increased requirement shall apply from the member's next annual renewal date following publication of the revised Schedule.
All other provisions of Schedule C and of AISTAR 2026 remain in full force and effect.
Issued this 4th day of May 2026.
This Schedule is published pursuant to the amended Tier B insurance provisions in AITAR 2026 Fifth Schedule and AISTAR 2026 Schedule C (as substituted by Amendment Notices 11 and 12 of 2026 respectively). It sets out the minimum professional indemnity coverage required for Tier B members to be eligible for appointment to a Supervisory Review Tribunal (SRT), calibrated by reference to the value of the matter under review.
| Requirement | Minimum Coverage | Applicable to |
|---|---|---|
| Tier B Membership (absolute floor) | KES 1,000,000 | All Tier B members at all times, as a condition of membership |
Coverage thresholds below are assessed against the original claim or estate value in the primary proceedings under review, not against the value of the defect or the SRT member's fee. Where the estate value is unconfirmed at the time of SRT appointment in AISTAR proceedings, Band 3 (KES 5,000,000) applies until the Inventory is concluded.
| Band | Original Claim / Estate Value | Minimum PI Coverage for SRT Appointment |
|---|---|---|
| Band 1 | Up to KES 5,000,000 | KES 1,000,000 |
| Band 2 | Above KES 5,000,000 — up to KES 20,000,000 | KES 2,000,000 |
| Band 3 | Above KES 20,000,000 | KES 5,000,000 |
| Unconfirmed value (AISTAR) | Estate value not yet established by Inventory | KES 5,000,000 (pending Inventory) |
The Chief Executive shall record each Tier B member's current coverage level in the AITAR Case Documentation System (or in the manual Roster record during the transitional period under Rule 15 of AITAR 2026). When conducting a Roster search for SRT appointment, the search shall be filtered to return only members whose recorded coverage meets or exceeds the threshold applicable to the matter concerned under Part 2 of this Schedule.
| Obligation | Detail |
|---|---|
| Annual filing deadline | Proof of current insurance and coverage level to be filed with the Chief Executive by 31 January each year (or within 30 days of renewal where the policy anniversary falls on a different date) |
| Form | Copy of current certificate of insurance showing insurer, policy number, coverage limit per claim, and policy expiry date |
| Lapse consequence | Suspension from the Senior Review Pool with immediate effect; reinstatement upon filing of proof of renewed coverage |
| Below-floor consequence | Same as lapse — suspension from SRT appointments until coverage is restored to or above the applicable threshold |
| Existing cover (above floor) | Valid in full; no action required until next annual renewal |
This Schedule shall be reviewed by the Institution not less than once every three (3) years from the date of first publication, and may be revised at any time by publication of a further Gazette notice. Any upward revision to the minimum floor or to any Coverage Band threshold shall take effect not earlier than sixty (60) days after publication and shall not require an existing Tier B member to increase coverage mid-policy-year.
Published this 4th day of May 2026.