Nairobi —A Supreme Court judge in Kenya has issued a stark warning to lawyers using artificial intelligence in legal submissions, after a judge recently discovered that a court filing was riddled with fake case law generated by AI.
Justice Isaac Lenaola, speaking at a judiciary event on digital transformation in Nairobi, recounted the alarming episode with some disbelief.
“Yesterday, I was reading a case where a judge was horrified,” Lenaola said. “Lawyers filed submissions using AI. All the authorities were fake. The language was beautiful, but when the judge cross-referenced them, not one existed.”
The incident has raised fresh concerns about the growing use of AI in Kenya’s legal circles, particularly in the absence of regulation or formal oversight.
Embarrassment and Legal Risk
Justice Lenaola stressed the dangers of courts unknowingly relying on fictional references, pointing to the damage such errors could inflict on legal credibility and judicial outcomes.
“Can you imagine the embarrassment if a judge delivers a judgment, only to be told later that every authority cited was invented by a machine?” he asked.
While the judiciary remains committed to innovation, he added, there must be clear boundaries and safeguards when it comes to emerging technology in legal practice.
“Please, judges, lawyers who are here until we give you guidelines, avoid AI for now,” he said firmly.
Guidelines on the Way
In response to the growing use of AI, the judiciary has set up a team to draft formal rules on how and when such tools can be used in legal work. The Law Society of Kenya is also involved in shaping the process, ensuring that the profession is not caught flat-footed by a technological shift that’s already underway.
“I’ve just put together a team to work on artificial intelligence and create guidelines for the use of AI by our courts,” Lenaola told attendees.
He pointed to recent global incidents as cautionary tales. In the United States, lawyers in New York faced sanctions after submitting a brief filled with fictional cases created by ChatGPT. Similar disciplinary action has been reported in Colombia and Brazil.
Reform, with Restraint
Despite the AI hiccups, Lenaola reaffirmed the judiciary’s broader commitment to digitization. Kenya’s courts have been working towards a paperless system, though he acknowledged that progress has been slower than hoped, largely due to budget shortfalls in the ICT sector.
“We are still intent, and we are still focused on ensuring that we become paperless soonest,” he said. “You will see sustained innovation in the world of technology.”
But innovation, he added, must be responsible.
In the meantime, lawyers across the country are being urged to double-check their sources and perhaps hold off on letting machines do the legal thinking for them.
