Kenya
In a recent ruling, the High Court at Milimani Law Courts struck out a Notice of Motion Application and its supporting affidavit after determining that the documents were computer-generated. Justice Bahati Mwamuye emphasized that legal documents must be prepared by individuals or their legal representatives, not by artificial intelligence. The court highlighted the necessity for human oversight in legal documentation to ensure adherence to procedural rules and maintain the integrity of the judicial process.
The case involved petitioner Nayan Mansukhlal Savla, who filed an application against the Commission on Administrative Justice and the Kenya Psychiatric Association. The court found that both the Notice of Motion and the supporting affidavit were machine-generated, lacking compliance with specific procedural requirements outlined in the Civil Procedure Rules.
This ruling underscores the judiciary's insistence on strict adherence to procedural rules and human oversight in legal documentation. It serves as a cautionary note for legal practitioners considering the use of artificial intelligence in drafting legal documents, highlighting the importance of human involvement to ensure compliance with established legal standards.
