DCJ urges judicial officers to adopt to an increasing digital world
Nairobi, Friday, March 28, 2025. DCJ urges judicial officers to adopt to an increasing digital world
Deputy Chief Justice Philomena Mwilu has urged judicial officers to adapt to an increasingly digitised world to improve and enhance access to justice.
Speaking at the closing of the Magistrates and Kadhis Colloquium, themed: “Digital Transformation, Technology and The Law – Tech Justice,” the DCJ noted that even as the adoption of technology presented challenges, the institution’s experience over the past six years has proven that digitisation offers immense benefits to the Judiciary.
DCJ Mwilu stated that the environment for judicial practice is evolving rapidly, making it crucial for judicial officers to continuously enhance their skills and expand their knowledge to ensure effective justice delivery.
“I have no doubt you have gained considerably in this emerging and fast evolving area of legal and judicial practice. I urge you to continue to deepen your knowledge in these areas; the future is digital and you must be prepared for it,” the DCJ said.
Justice Mwilu, however, explained that there is a constant set of foundational principles to which all judicial officers must adhere with the utmost fidelity. These principles are outlined in the oath of office that each officer swore upon joining the Bench.
“This must be your true North; this oath must imbue your actions as judicial officers every day,” DCJ Mwilu said.
The Deputy CJ highlighted issues on data privacy and digital evidence integrity; unequal access to technology and a digital divide exacerbated by limited digital literacy and accessibility barriers; and inappropriate legal frameworks including outdated laws and the failure of legislation and jurisprudence to keep up with the fast-evolving digital environment, as some of the challenges that come with the adoption of technology in courts and that require carefully management.
Justice Mwilu told the judicial officers that what they have learnt and discussed during the colloquium is an important step forward in ensuring that technology enhances, rather than undermines, justice.
Further, the DCJ Mwilu told the officers that concurrent with the responsibility to dispense justice impartially and fairly, they have responsibility to manage the court process.
“You must use all the tools at your disposal to ensure that your courts function efficiently and effectively. Key amongst these tools is the Court User Committee (CUC).
She added that without a vibrant and active CUC, there can be no effective or efficient dispensation of justice at any Court Station.
The issues discussed at the colloquium are; Mobile Technology and the Legal Admissibility of Digital Evidence in Criminal and Civil Cases, Tech-related Fraud/Cybercrimes and their prevention, Risks and Mitigation; and Digital Evidence in Court including handling, admissibility, authentication, and securing of such evidence.
In addition, the team discussed the Digital Revolution, Emerging Technologies and their Legal Implications including on AI, the ethical and human rights considerations in adopting new technologies, and the local and global regulatory frameworks as well as the Legal Framework Governing Data Privacy and Data Protection and the Judiciary’s own automation experience.
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