The Judiciary has been a trailblazer in using technology to improve access to justice and service delivery efficiency. Virtual court proceedings and online filing of cases have shown the benefits of integrating ICT as a tool for public service delivery.
However, the digital divide in our society poses a challenge to the use of technology to enhance the accessibility and efficiency of courts. As the Judiciary adopts technology in service delivery, some court users, especially the vulnerable and indigent ones, face barriers to accessing and using the technologies.
The digital divide is not only about lack of internet access and literacy levels, but also the unequal access to computers or other ICT devices. For example, the 2019 National Census report indicates only one out of five Kenyans have internet access.
The digital divide also reflects the socio-economic inequalities in our society. This means without careful planning and intervention, the use of technology in court processes could further marginalise those already disadvantaged.
This would contradict the goal of ensuring access to justice for all, especially the vulnerable and indigent who often need judicial protection the most.
To address this reality, the Judiciary's strategic blueprint 'Social Transformation through Access to Justice (STAJ)' promises that the use of technology will be rights-centric and user-friendly. This means the Judiciary must consider the accessibility and usability of ICT devices by vulnerable and indigent court users, which are essential for delivering justice effectively through the digital platform.
For example, court users who are indigent and self-representing in court, need to be assisted to access computers or other internet-enabled devices to file cases on the online e-filing platform.
Moreover, illiterate persons who do not know how to use virtual meeting platforms need to be supported to access justice through these online platforms.
In recognition of these socio-economic challenges, the High Court in 2021 ordered the Chief Justice to develop programmes and initiatives to address the risk of digital exclusion as the Judiciary rolls out its online filing and virtual hearing programmes in a suit filed by Kituo cha Sheria against the Judiciary.
As a result, the Judiciary has come up with the Huduma Mahakamani initiative to address digital exclusion and enhance access to justice using technology. This initiative was rolled out on January 29th 2024, by establishing Huduma Mahakamani service desks at six Huduma Centres in the Nairobi Metropolitan Area. The Huduma Mahakamani services are available at Nairobi GPO, Kibera, City Square, Makadara, Eastleigh, and Thika Huduma Centres.
The service desks provide assisted filing and virtual court support. These are not legal services and do not include what is offered by advocates such as drafting of pleadings. Rather, they are convenience service desks similar to those in court registries that help unrepresented litigants file cases online and guide them on how to attend court proceedings through virtual online platforms.
The use of Huduma Centres by the Judiciary does not undermine the constitutional principles of judicial independence. As the Supreme Court stated in its landmark CDF judgment in 2022, the doctrine of separation of powers does not imply that the branches of government should operate in isolation from each other.
Rather, it means only the core function should be performed by the relevant branch of government to the exclusion of the other branches.
In this case, the Judiciary's core function is adjudication of disputes. This will continue to be done by magistrates and judges exclusively. It is only the court administrative staff, who support the core business of the court in the registries, will be stationed in Huduma Centres to offer assisted filing and assistance to those attending virtual courts.
It is also worth noting that some courts are located in government premises and some mobile courts are held in government facilities. Therefore, there is nothing new that jeopardises judicial independence in having assistance desks within Huduma Centres.
It is also noteworthy that advocates and members of the public in stakeholder engagements and public participation forums prior to the roll-out of e-filling across the country suggested that the Judiciary uses Huduma Centres and Constituency Innovation Hubs for offering assisted judiciary services.
Finally, stakeholders in the justice sector should support efforts to ensure the vulnerable and indigent, who need the most support in accessing justice, are not left behind as the country advances the use of technology.
-The writer is a legal counsel in the Office of the Chief Justice
