Makueni Governor Mutula Kilonzo Junior has called for clear rules governing the use of artificial intelligence (AI) in the legal profession, warning that unchecked reliance on the technology could undermine the administration of justice.
Speaking during the Law Society of Kenya (LSK) Annual Conference, Kilonzo, an advocate, said technology was developing faster than the law and that the legal profession needed clear standards to guide how AI is used in legal practice.
He said lawyers were increasingly turning to AI in their work, with some already encountering cases where the technology generated incorrect or non-existent legal precedents. Filing court documents containing inaccurate legal authorities, he warned, could have serious consequences for the justice system.
Kilonzo urged the LSK to take the lead in developing guidelines on responsible AI use, including setting out the extent to which advocates can rely on the technology and whether lawyers should disclose when AI has been used to prepare legal submissions or other court documents.
The concern is particularly important in legal practice, where courts rely heavily on established precedent when making decisions. Kilonzo pointed to the doctrine of stare decisis, under which lower courts are required to follow decisions of higher courts, making accuracy in citing legal authorities critical.
He also called for consequences where AI is misused, arguing that the profession must protect the integrity and credibility of legal practice as technology becomes more widely used.
Beyond AI, the conference also turned attention to the pressures facing lawyers, particularly young advocates entering an increasingly competitive profession.
Kilonzo said mental health was emerging as a concern among young lawyers dealing with the demands of legal practice. He urged experienced advocates to strengthen mentorship and provide younger members of the profession with guidance as they build their careers.
Success in law, he noted, takes time and depends on experience, integrity and consistent work rather than immediate professional recognition.
The conference also featured discussions on gender-based violence and femicide, with women lawyers examining the experiences of women and possible interventions to address violence against them.
Men in the profession held a separate session focusing on leadership, family responsibility and the pressures young lawyers face as they try to build their careers while meeting responsibilities at home.
Financial reporting and anti-money laundering obligations also featured in the discussions, with attention drawn to the increasing scrutiny of law firms and advocates’ accounts over potentially illicit funds.
Kilonzo said lawyers have a responsibility to conduct proper due diligence and know their clients before handling funds. He cautioned against the profession being used as a channel for proceeds of crime.
Public interest litigation was another area discussed at the conference, with Kilonzo encouraging young advocates to take part in cases that seek to protect constitutional rights and promote accountability.
According to Kilonzo, such cases give junior lawyers a chance to hone their skills and also work on issues that concern the broader society, especially in matters of governance, corruption, and policies that have an adverse impact on the citizenry.
Regarding constitutional rights, he noted that Kenya has robust laws guaranteeing fundamental freedoms such as the right to life and human dignity, freedom of speech, assembly and association as well as freedom of the media.
He added that any fears surrounding violations of the same, including abductions and brutality, underscore the need for lawyers to be vigilant when it comes to constitutionalism and adherence to the law.
Some of the challenges being faced by the legal fraternity are captured by the discussions at the LSK Conference.
To Kilonzo, the integration of new technology into the profession should not erode the tenets upon which the justice delivery system is built.
He advised lawyers to adopt technology and at the same time uphold accuracy, accountability, as well as professionalism and ethics.
