The promise and peril of Artificial Intelligence (AI) in the judicial administration: Citation of non-existent act by the judiciary the Kenya Agricultural and Processed Food Products Development Authority (APEDA) case

Abstract

With the rise of technology AI has been on

the forefront, gearing every aspect of life.

The Judiciary of Kenya recently proposed

integrating AI into court processes, driven

by the desire to keep pace with global

technological advancements. Recently,

the court of appeal in Kenya quoted the

Geographical Indication Act 2019 as law.

In reality Kenya has no such dedicated act.

Moreover, recent trends have emerged with

advocates using AI to draft submissions. And

without even cross-checking the submissions,

they serve them to the counsels of the other

parties.

AI can speed up research albeit we shouldn\'t

cast shadows on its ability to hallucinate non-

existent laws, ultimately that\'s where human

judgement comes in. Law is built on precision

and accuracy, and if those foundations crack,

even slightly then the confidence of our justice

system takes a huge hit. This article proposes

that with the rise of tech, it is good for the

judiciary to embrace technology, but as an

assistant, not a crutch. It further assesses the

risks and liabilities and proposes solutions.

Introduction

AI involvement with law has been

growing drastically. Since the 2016 early

innovation of chatbots, over 1200 UK

legal professionals have integrated AI into

their firms for client engagement, legal

document creation and analysis and legal

research.2

 Similarly, in the USA an article

from Harvard University captured how larg