Aromo 🇸🇸🇺🇬🇰🇪

🚨 Is AI a threat to the Kenyan legal profession, or is the real threat the failure to regulate how it is used? The debate surrounding artificial intelligence in legal practice has gained urgency following Commission on Administrative Justice v Savla [2026] KEHC 4891 (KLR). In this matter, the High Court examined the use of AI and digital tools in preparing court pleadings. The Court expressed concern that machine-generated pleadings could undermine procedural compliance, create an unfair advantage in adversarial proceedings and compromise the administration of justice. The decision raises important questions about the future of legal technology in Kenya. Three issues deserve particular attention: 1. The problem is not AI assistance; it is unaccountable AI use. AI can support legal research, document review, drafting and analysis. However, it cannot assume the professional responsibility owed by an advocate to a client, the Court and the administration of justice. Every document filed must be reviewed, verified and adopted by a responsible human professional. 2. Procedural rules must evolve alongside legal technology. The Civil Procedure Rules were developed before modern generative AI became widely accessible. Their continued application is essential, but the absence of clear rules governing responsible AI-assisted legal work creates uncertainty. The Court itself invited the Rules Committee to consider amendments addressing technology and AI in court processes. 3. Regulation must protect access to justice without obstructing innovation. Articles 48 and 50 of the Constitution protect access to justice and fair hearing. As AI becomes more accessible, it has the potential to reduce research costs and improve access to legal information. A regulatory framework should address risks such as fabricated authorities, confidentiality breaches and inadequate human oversight without unnecessarily excluding beneficial technological tools. AI should not be treated as a substitute for advocates, nor should its use be treated as inherently incompatible with legal practice. The legal profession needs clear standards on disclosure, verification, confidentiality, accountability and the permissible use of AI in court processes. Technology developers, the Judiciary, the Law Society of Kenya and regulators must be part of that conversation. Key takeaway: The future of legal practice is not a choice between human lawyers and artificial intelligence. It is about building a legal system in which technology strengthens professional judgment, improves efficiency and preserves public confidence in the administration of justice. Follow @Lexken_EMSLaw for practical legal insights on legal technology and Artificial intelligence.