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Embracing AI In Kenya’s Legal Field : The Role Of AI In Shaping The Legal Landscape

Artificial Intelligence (AI) is rapidly transforming various industries, and the legal field is no  exception. In Kenya, the integration of AI technologies in legal practices offers exciting  opportunities for efficiency, accuracy, and enhanced decision-making. However, alongside  these advancements come legal and ethical considerations that need to be carefully  examined. This article delves into the legal and ethical implications of AI in the legal field in  Kenya. By exploring topics such as data privacy, bias, transparency, and accountability, we  aim to shed light on the challenges and opportunities that arise from AI adoption.  Understanding these implications is vital for legal professionals, policymakers, and society  at large as we navigate the intersection of law and technology in Kenya. 

AI’s Influence: A New Legal Era 

AI’s pervasive presence is especially noticeable in Kenya’s legal domain, as it redefines legal  processes and democratizes services. Just as in many developing nations, AI is  revolutionizing legal processes and democratizing access to legal services in Kenya. By  harnessing Big Data (massive datasets and accumulated information), AI undergoes  meticulous curation, rigorous analysis, and machine learning to unlock its value. Yet, amidst  its potential, AI introduces new legal and ethical dilemmas. 

Many companies and individuals are raising the crucial question: Can AI be trusted?  Worries about AI bias and algorithms’ integrity underscore this concern. It’s pivotal to  establish credibility for AI to drive legal advancements and foster trust within the legal  system. Due to its unique mandate to engage accurate AI applications in our societies,  UNESCO held an Education Minister’s Online Meeting on Generative AI in May 2023.

During that meeting, UNESCO’s Communications and Information Sector agreed to  collaborate with The National Judicial College, United States, The Lawyers Hub, Kenya and  the Centre for Communication Governance, New Delhi. The meeting recognised that just as  AI is increasingly influencing our societies, it can be a good tool, particularly for the legal  profession. Therefore, UNESCO has taken up the role of training 4,500 lawyers on how to  use Open AI in 138 countries in 7 languages. In addition, judges and prosecutors underwent  training on how to keep up with technological advancement (Ref: https://www.unesco.org/en/artificial-intelligence).  

Retrospectively, AI’s accuracy and reliability emerge. Moreover, the conundrum of data  privacy, a prevailing concern across industries, becomes even more pronounced as AI  thrives on data for its seamless functioning. The potential misuse of personal data is a  pressing concern. Hence, as we acknowledge these implications, implementing stringent  safeguards becomes imperative. 

AI’s Role in the Legal Realm – Balancing Data Privacy, Security, and Impartiality 

AI’s integration into the legal landscape introduces intricate considerations. The interplay  between data privacy, security, and maintaining impartiality within the law is evident. The  use of AI in the legal field is not devoid of controversy. While some argue that AI threatens  the traditional lawyer-client relationship, others advocate for AI’s role as a complementary  tool, enhancing efficiency and effectiveness. The ongoing debate highlights the  transformative potential of AI within the legal domain.  

AI reshaping the Legal Industry in Kenya 

Amidst these discussions, AI’s profound influence on the legal sector in Kenya cannot be  ignored. Legal firms within the country are increasingly embracing AI-powered services.  The primary driving force behind this adoption is the resolve to address key challenges  faced by the legal industry. These include the high costs associated with legal services,  extended turnaround times for legal assistance, and limited access to legal expertise across  various regions and industries. AI presents a solution that empowers local firms to bridge  gaps and compete effectively on both local and international fronts. 

Ethical Dilemmas and Data Privacy 

AI’s integration into Kenya’s legal sphere brings forth dual ethical challenges. Firstly, the  realm of data privacy and confidentiality faces complex challenges. AI’s role in data  collection and analysis can potentially infringe upon individuals’ rights. To mitigate this, the  establishment of transparent data protection policies, complete with explicit collection and  retention frameworks, is imperative. In its mitigating efforts towards protecting Kenyans,  the Data Protection Act of 2019 takes a pivotal stance, akin to the European Union’s General  Data Protection Regulation (GDPR). This act underscores the responsible handling of  sensitive data and safeguards individual privacy rights. It mandates transparency in data  collection, retention, and the crucial aspect of consent.

Quality Concerns and the Role of AI

Despite all the advancement in technology, there exists crucial concerns revolving around  the quality of legal services in the age of AI. There’s a potential erosion of service quality  when AI-driven tools lack personalization. Instances of lawyers relying on AI tools like  ChatGPT without proper verification raise questions about maintaining standards. Recently,  a lawyer in New York was fined for misusing AI Chatbot – ChatGPT, relying on its research  for a personal injury case and giving unverified information. Read the article here:  https://www.abc.net.au/news/2023-06-24/us-lawyer-uses-chatgpt-to-research-case-with embarrassing-result/102490068.  

Conclusively, as we navigate the multifaceted landscape of AI’s impact on the legal realm,  we invite you to engage with us. Feel free to reach out with any queries or curiosities you  might have on this exhilarating subject.  

Connect with us at law@ammlaw.co.ke and join the dialogue that shapes the future of AI in  law. 

Article drafted by Elizabeth Museo, Admin & Communications, AMMLAW

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