Justice BR Gavai of the Supreme Court has urged judicial bodies to exercise caution while integrating Artificial Intelligence (AI) into court processes. Speaking at a conference organized by the Supreme Court of Kenya, Justice Gavai acknowledged AI's potential to streamline case management but emphasized the risks associated with over-dependence on AI-driven legal tools.
He noted that AI-powered scheduling tools have been widely adopted in various judicial systems to facilitate efficient case allocation. These tools help balance judges' workloads and optimize court resources. Many courts worldwide now use automated case scheduling systems to assign cases based on specialization and workload, enhancing judicial efficiency.
However, Justice Gavai also raised concerns regarding the ethical implications of AI-driven legal research.
"Relying on AI for legal research comes with significant risks, as there have been instances where platforms like ChatGPT have generated fake case citations and fabricated legal facts. While AI can process vast amounts of legal data and provide quick summaries, it lacks the ability to verify sources with human-level discernment. This has led to situations where lawyers and researchers, trusting AI-generated information, have unknowingly cited non-existent cases or misleading legal precedents, resulting in professional embarrassment and potential legal consequences."
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AI and the Risk of Predicting Judicial Outcomes
Justice Gavai also highlighted the growing use of AI in predicting judicial outcomes, which, according to him, raises fundamental concerns about the nature of justice.
"Furthermore, AI is increasingly being explored as a tool to predict court outcomes, sparking important debates about its role in judicial decision-making. This raises fundamental questions about the very nature of justice. Can a machine, lacking human emotions and moral reasoning, truly grasp the complexities and nuances of legal disputes? The essence of justice often involves ethical considerations, empathy, and contextual understanding—elements that remain beyond the reach of algorithms."
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He warned that while AI can assist in legal proceedings, it should not replace human judgment. The judiciary must ensure that technology serves as a support mechanism rather than a substitute for human decision-making.
Justice Gavai emphasized that AI should be integrated into the judicial system cautiously, with human oversight to mitigate its risks. While AI can undoubtedly improve efficiency, its limitations, such as the inability to understand ethical considerations and contextual nuances, must be taken into account.
The legal fraternity must establish stringent guidelines for AI implementation to ensure accuracy and reliability in legal research and case management. The judiciary should aim for a balanced approach where AI enhances but does not replace the human elements of justice—fairness, empathy, and ethical reasoning.
