IS LAW AND TECHNOLOGY A BOON OR BANE IN KENYA?

Abstract

Prior to the COVID-19 pandemic, Kenya’s uptake and incorporation of
technology into day-to-day Government services was slow. However, with the
“COVID-19 era” that almost brought everything to a halt, there needed to be
innovations to facilitate the administration of vital services. The Kenyan Judiciary
was quick to identify technology as having the potential to provide a quantum leap
in the administration of justice. Technology has proved to be a game changer in
judicial service delivery. Adjudication of matters has become time efficient and
cost-friendly not only to the Judiciary and legal practitioners but also to legal
consumers. Technology has ushered in a new dawn of better management of court
records and has transformed the most basic judicial services into electronic ones.
All these have enhanced the efficiency and accountability of the Judiciary.
Moreover, online dispute resolution mechanisms have been recognized. This has
furthered the use of the Internet and technology in other social and economic
environments.

However, the incorporation of technology into the legal system in Kenya has also
brought about its fair share of challenges. Among these barriers include; the
complexity of the Judiciary interface among the Self-Representing Litigants
(hereinafter SRLs) and the lack of statutory regulation on the practice of Online
Dispute Resolution (ODR). This article traces the introduction of technology in
the Kenyan Judicial system, identifies the advancements that have since been
made and discusses the barriers against access to justice occasioned by the use
of technology. The article then provides practical solutions that can be employed
to enhance access to justice by consumers and especially SRLs.