The Judiciary of Kenya is developing a new artificial intelligence (AI) policy and practice directions aimed at regulating the use of AI in court processes following growing concerns over lawyers filing AI-generated documents and fabricated legal authorities.
The proposed framework comes after several judges recently struck out pleadings after discovering that some submissions contained AI-generated content and non-existent case citations.
Documents circulated to advocates for public participation show that the Judiciary intends to establish an AI governance framework as part of its wider digital transformation agenda.
The Law Society of Kenya (Law Society of Kenya) said while inviting feedback from its members that it supports the consultation process, noting that: “To support the practical implementation of the Policy, Draft Practice Directions have also been developed to guide judges, judicial officers, and court users.”
The draft policy proposes integrating AI into areas such as case management, legal research, predictive analytics and administrative support, while at the same time protecting judicial independence, due process and data privacy.
Under the proposed rules, advocates who use AI tools to prepare pleadings, submissions, affidavits, witness statements or other court documents will be required to disclose such use when filing documents in court.
Lawyers using AI-assisted legal research would also be expected to independently verify every authority, statute, regulation and legal principle cited before presenting them in court.
“An Advocate shall not file a document in court that has been wholly generated by an AI tool without meaningful human review, revision and professional judgment applied to its content. Wholesale adoption of AI-generated text without independent review shall be treated as a failure to exercise the professional judgment required of an officer of the court,” the draft directions state.
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According to the Judiciary, courts around the world are increasingly embracing AI tools for document analysis, speech-to-text transcription, case scheduling and predictive analytics to improve efficiency and transparency within justice systems.
The draft policy further states that AI could help reduce persistent case backlogs by automating processes such as case triage and hearing scheduling, allowing judicial officers to focus on substantive legal matters.
AI-powered transcription systems could also convert oral proceedings into written records in real time, easing administrative workload while improving accuracy.
Despite these potential benefits, the Judiciary warns that the technology poses risks that must be carefully managed.
“The deployment of AI within a constitutional and human rights framework demands vigilance to ensure that technology enhances, rather than undermines, the principles of fairness, accountability, transparency and judicial independence,” the document states.
The draft framework raises concerns over data privacy, cyber-security threats and possible bias or discrimination arising from AI systems trained on historical data.
“The Judiciary shall maintain a clear boundary between administrative automation and adjudicative discretion, ensuring AI serves as a decision support tool, not a decision-maker,” the draft policy states.
The proposed policy also requires judges and magistrates to maintain human oversight and exercise independent judgment when dealing with AI-generated material.
“Any AI-generated content shall be treated solely as informational and shall be independently verified by a human user. Judicial officers and staff shall review and confirm the accuracy, context and reliability of all AI outputs before relying on them for official use,” the document adds.
The Judiciary further directs that judicial officers rely only on original and verifiable legal authorities, including statutes, precedents, and official law reports, rather than AI-generated material as primary legal sources.
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