In the ever-changing world of legal practice, Kenya is facing a crucial intersection where technological innovation meets the pursuit of justice. Artificial Intelligence has had an impact on various sectors and the field of law is no exception. This article explores the uncharted territory of AI-powered internet courts and their potential implications for Kenya’s legal system.
As AI continues to redefine traditional practices, the legal community needs to consider its scope of application. We have previously examined how AI can streamline contract negotiations. Its influence goes beyond that. The key question that arises is whether Kenya is ready to leverage AI’s capabilities to expedite delivery of justice, improve transparency in the legal framework and strengthen public trust in the legal system.
In 2019, legal experts from Europe, Canada and the USA delved into the realm of incorporating the use of AI in alternative dispute resolution. The results were fascinating, people tended to trust AI systems more than their human counterparts during challenging conversations.
This newfound reliance was based on AI’s ability to provide intelligent text-based suggestions. However, it is important to clarify that the AI we are referring here to is Machine Learning AI systems, meaning AI systems designed to identify patterns in training data and generate impartial responses.
The capacity of AI to analyse large amounts of data and predict outcomes in mediation holds immense potential. This data-driven approach to justice can greatly speed up the resolution of disputes, especially where contracts require mediation before embarking on legal proceedings in court.
Awards mediated by AI could smoothly transition into the courtroom. Nevertheless, it is important to recognise that further research and development are crucial in understanding the capabilities and limitations of AI in this context.
In addition to alternative dispute resolution, Kenya has the opportunity to explore how AI can be integrated into litigation, particularly in cases that are heard in the small claims court.
In 2021, Estonia implemented an AI system that issued decisions for disputes involving amounts less than €7,000 (Sh1,089,283). Consequently, parties unsatisfied with these AI-made decisions had the option of appealing to a human judge.
Meanwhile, China’s Hangzhou Internet Court operates around the clock and relies on virtual judges to resolve digital disputes. The average duration of a case is as short as 40 days and remarkably 98 per cent of these cases witnessed no appeals to human judges.
One may argue that AI would be ineffectual in situations when a court needs to determine whether a witness is lying. AI is essentially mathematical in nature and lacks the intuition or "gut feeling" that humans have.
However, it is critical to emphasise that progress in this area is continuously evolving. While conventional lie detectors have not always had a good reputation, research has shown that humans are not always excellent at detecting lies.
Furthermore, breakthroughs in AI emotion identification systems, which study body language cues that may suggest someone is lying, have been created. This demonstrates that AI-powered lie detection technology is always improving.
As a global tech hub, Kenya has the ideal backdrop to pioneer internet courts powered by AI technology. While the small claims court has already expedited proceedings significantly, there is still room for AI intervention, especially in straightforward matters. The occurrence of judgments delivered beyond the mandated 60-day limit highlights the urgency for innovative solutions.
In light of these developments, it is crucial for Kenya’s legal community to start discussing the integration of AI in non-complex litigation cases. The establishment and potential implementation of internet courts signify a change that holds the promise for efficient delivery of justice in Kenya.
As AI continues to reshape the legal field, embracing these advancements will guarantee a future where access to justice is swift, transparent, and technologically empowered.
Advocate of the High Court of Kenya
