The Judiciary says it has put in place measures to bridge the digital divide among Kenyans to access justice.
Chief Justice Martha Koome said they recognise that, in their quest to improve access to justice through technology, there is unequal access to technology and lack of knowledge on how to use it by sections of the court.
Koome spoke yesterday at a conference on automation of criminal courts where she said the most common challenge to automation is lack of access to the internet and computer devices.
“Some of the major factors that exacerbate digital exclusion in the context of access to justice include lack of the requisite physical infrastructure, poverty, illiteracy, lack of computer literacy, physical disabilities, and language barriers,” Koome said.
However, the CJ said they have put in place several measures which will mitigate the challenges of digital exclusion.
One of the measures will include use of Huduma Centres which will facilitate access to the internet for E-filing and virtual courts, which she said will supplement the use of cyber cafes and mobile smartphones for persons without internet access.
They will also ensure that services can be accessed through mobile-friendly formats given that Kenya has a relatively high uptake of mobile smartphones compared to computers.
Koome further said that they are in the process of rolling out the use of Mobile (SMS/eCourt Mobile App) platforms for their cases.
“Leveraging on mobile devices is particularly promising in bridging access gaps as the litigant [receives] notification on court dates and proceedings of court proceedings that is SMS-based,” she said.
Koome said the Judiciary has also ensured that all court websites are designed with mobile-friendly interfaces to make it possible for someone to successfully complete all necessary steps on a smartphone or tablet (rather than needing a computer).
“We will work to adopt interventions and innovations that mitigate digital exclusion to ensure that all litigants, especially those from vulnerable groups, are not left behind or excluded from accessing justice.”
However, Koome said even though they have faced challenges there has been major wins in automating their services.
She said E-filing, which went live in 2020, has been successful and a total of 8,314 accounts had been created on the portal comprising 4,826 individual accounts, 3,085 law firms, 333 organisations and 70 state organisations.
Koome added that, at June 30 last year, they were able to collect Sh939,975,091, which is close to a billion shillings in court fines, fees and deposits from the use of E-filing.
In the wake of the Covid-19 pandemic, Koome said the Judiciary leveraged on technology to find ways to keep courts operational, even as the physical courts remained closed intermittently.
The Judiciary also adopted the use of the video conferencing equipment in support of remote trials. The equipment was installed in 31 sites across the country.
(edited by Amol Awuor)
