Did you know artificial intelligence (AI) might be on the verge of shaking things up in a big way in Small Claims Court?
AI won’t just change how the Small Claims Court operates—it might make advocates (lawyers), judicial officers, and their staff obsolete in some areas.
While this idea sounds surprising, it’s already happening in some ways. Let’s break it down:
AI Stepping Into the Small Claims Court
The SCC was created to make justice accessible to everyday people. Now, with ChatGPT, a person can draft claims and legal strategies without needing a lawyer.
For example, you can use ChatGPT to write a claim for a refund after a fundi (contractor) fails to deliver a sofa set. It not only can draft the claim but also suggest a legal strategy, like gathering WhatsApp conversations or receipts as evidence.
It’s like having an assistant help you navigate the court process from your phone!
Six Big Predictions for Kenya’s Judiciary
1. AI Could Replace Lawyers in Drafting Claims
AI chatbots will soon be as good as—or even better than—lawyers at helping people prepare their cases for the SCC. People are already turning to AI to help, lowering the need for lawyers to draft claims.
2. AI Might Take Over Case Management
Court staff like assistant deputy registrars manage cases, track progress, and reduce backlogs. With AI these processes could be faster and more efficient. Using tools like data tracking dashboards (that’s already in use) to keep everything organized.
3. AI Could Assign Cases Automatically
AI could handle assigning cases drawing on data from initiatives like the Mahakama Popote to decongest courts, which has been successful in clearing case backlogs.
4. AI Might Help Write Judgments
AI could analyze thousands of cases in seconds, offering legal opinions that could eventually become judgments. With Kenya’s courts going paperless and digitizing over 188,000 case files since 2023, AI has access to large amounts of data to learn from.
5. AI Could Simplify Publishing Law Reports
Law reports summarize court decisions, but they can be time-consuming to create. AI’s ability to read and summarize cases quickly could replace human editors, making it easier for organizations like Kenya Law to share key legal updates.
6. AI Might Even Handle Judgment Enforcement
Once a court rules in your favor, getting the other party to pay up can be tricky. AI can integrate with e-Citizen (Kenya’s online government platform) to block judgment debtors from accessing services until they settle their debts. This could help recover billions of shillings currently stuck in unpaid judgments6
What Does This Mean for People Working in Law?
AI’s potential to replace some roles is concerning but human skills like judgment, empathy, creativity, and adaptability are still needed.
For lawyers, this could mean focusing more on areas like alternative dispute resolution (ADR), developing legal strategies, or representing clients in oral hearings—things AI can’t replicate.
Is Kenya’s Judiciary Ready for This?
The Chief Justice’s strategic plan emphasizes using technology to automate court processes with initiatives like e-filing, virtual courts, and data tracking already in place.
A Thought for the Future
AI might make the system more efficient, but it still relies on people having disputes to resolve. For now, the SCC continues to help Kenyans with issues like unpaid debts or broken contracts, and AI could make that process even easier.
AI’s role in Kenya’s Small Claims Court is an exciting glimpse into the future of justice. From drafting claims to managing cases and enforcing judgments, technology could transform how we access the legal system—making it faster, cheaper, and more accessible for everyone. But there’s still a place for human touch in law, especially where empathy and creativity matter.
What do you think? Would you trust AI to help with your legal troubles, or do you prefer the human touch?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need specific legal guidance, talk or chat at 0708111222.