Ethical Concerns in Technological Advancements
Supreme Court Judge Justice B R Gavai highlighted the dual-edge nature of technological integration in judiciary while speaking at the Kenyan Supreme Court in Nairobi. Though innovations like live-streamed proceedings have expanded access to justice, he warned about ethical dilemmas arising from uncritical adoption of tools like
ChatGPT for legal research. The judge noted this technology risks undermining due process when used without human oversight.
Limitations of AI in Legal Research
Justice Gavai emphasized artificial intelligence lacks capacity to verify legal sources with necessary discernment, citing specific incidents where AI platforms generated fabricated case citations. "While AI can rapidly analyze vast legal databases," he observed, "its inability to distinguish authentic precedents from hallucinations poses grave risks." The judge referenced an international case where lawyers unknowingly cited non-existent judgments produced by language models.
Social Media's Impact on Judicial Perceptions
The Supreme Court justice expressed concern about selective editing of courtroom proceedings circulating online. Short video clips stripped of context often reduce complex legal arguments to sensational soundbites. Gavai observed: "Monetization of these excerpts by content creators raises intellectual property questions while distorting public understanding of judicial processes."
The Irreplaceable Human Element
True justice delivery requires emotional intelligence and contextual awareness that algorithms cannot replicate, according to Justice Gavai. He stressed that empathy and ethical reasoning remain exclusive human competencies even as courts adopt predictive analytics for case management. The judge concluded that while AI can assist in administrative functions, judicial discretion must remain firmly rooted in human experience.
