Responsible AI In Legal Practice: What Kenya & Africa Can Learn From South Africa’s AI Courtroom Controversy.

Moses Mwemezi Kemibaro
4 min readJan 10, 2025

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Artificial Intelligence (AI) has become a transformative force in numerous industries, including even the legal profession. Even as AI promises to make legal work faster, more efficient, accessible, and cost-effective, a recent incident in South Africa highlights the risks of unregulated or poorly implemented AI systems in such a high-stakes field. For Kenya, where the legal system is rooted in unique cultural, historical, and procedural nuances, this serves as a timely warning on how to adopt AI responsibly.

The South African Case: AI’s Role Exposed

In South Africa, a Law Firm faced serious consequences after submitting court documents prepared using AI tools. The case came under scrutiny because of several glaring errors that led to the discovery of AI as the source:

  1. Fabricated Legal References: The court documents cited judgments that did not exist. These fabricated precedents were not only legally invalid but also revealed a lack of oversight in verifying the AI-generated content.
  2. Incoherent Legal Arguments: The submissions contained disjointed and irrelevant arguments that failed to align with the case’s specific context or South African Law. This undermined the credibility of the lawyers involved.
  3. Erroneous Formatting: The court noticed deviations in formatting and structure, which did not comply with standard procedural rules. This raised suspicions about the documents’ origin.
  4. Lack of Professional Review: The errors were so fundamental that it became evident the content had not been subjected to thorough human review or editing.

The outcome of the case revealed how blind reliance on AI, particularly generic large language models or LLMs not tailored to local legal frameworks, could lead to professional and ethical breaches. The lawyers involved faced significant professional repercussions, including reputational damage.

The Kenyan Context: Opportunities & Challenges

Kenya, like South Africa, stands at a crossroads as it has started integrating AI into its legal profession. The promise of AI is undeniable — imagine automated systems capable of reviewing thousands of pages of case law in minutes or drafting complex agreements with minimal human input. However, the challenges faced in South Africa highlight key issues that Kenyan stakeholders must address:

1. Localized AI Models

Generic large language models (LLMs) like ChatGPT may offer impressive capabilities, but they lack the context and training needed for Kenyan Law. Kenya’s legal framework, influenced by common law, African customary law, and statutory law, demands AI tools specifically trained on local cases and legal texts. Investing in localized AI models would ensure accuracy and relevance. I am aware of a few local startups and International businesses that are looking into this space in Kenya as of this writing.

2. Human Oversight Remains Crucial

AI tools, no matter how advanced, cannot replace the expertise of Kenyan legal professionals. The South African example illustrates the risks of using AI outputs without thorough review. Lawyers in Kenya must remain the final arbiters of quality and accuracy.

3. Regulatory and Ethical Considerations

Kenya’s legal profession, governed by the Law Society of Kenya (LSK), must proactively establish guidelines for AI use, if they have not already done so. Ethical questions around accountability, transparency, and potential misuse must be addressed. For instance:

  • How can we ensure AI-generated legal documents meet the rigorous standards of Kenyan courts?
  • What happens when AI tools produce flawed or biased outputs?

4. Improving Access to Justice

In a country where legal resources are often out of reach for the majority, AI presents an opportunity to bridge gaps. Tools like automated legal advice systems or simplified document drafting services could democratize access to justice — some of these exist already and are making a massive difference for stakeholders. However, such solutions must prioritize accuracy and inclusivity to avoid unintended harm as well as hugely detrimental consequences.

Moving Forward: Responsible AI for Kenya’s Legal System

For Kenya to fully realize the potential of AI in legal practice, we need a multi-pronged approach:

  1. Invest In Localized AI Development: Universities, legal technology startups, and Government Agencies should collaborate to develop AI systems tailored to Kenyan law.
  2. Educate & Train Legal Professionals: Kenyan lawyers must understand AI’s capabilities and limitations to use it responsibly.
  3. Develop Clear Guidelines & Regulations: The LSK, judiciary, and other stakeholders should create a robust framework governing AI use in legal practice.
  4. Transparency & Trust: Lawyers and firms must disclose their use of AI tools to maintain client trust and professional accountability.

A Call for Action in Kenya

The South African case is a cautionary tale but also an opportunity for Kenya to chart its own path. AI has the potential to revolutionize legal practice, improving efficiency, reducing costs, and expanding access to justice. However, we must adopt these technologies thoughtfully, ensuring they complement human expertise rather than replace it.

Kenya’s legal profession has an opportunity to lead the continent in responsibly integrating AI into the justice system. We can learn from South Africa’s experience and lay the groundwork for an AI-driven legal future that upholds the principles of fairness, accuracy, and professionalism.

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Moses Mwemezi Kemibaro
Moses Mwemezi Kemibaro

Written by Moses Mwemezi Kemibaro

Founder & CEO @ Dotsavvy. Technology Entrepreneur, Blogger, Podcaster & Analyst @ MosesKemibaro.com. I am Pure Digital Passion. Father & Husband. God Leads Me!

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