In 1998 when I was a member of the Law Society of Kenya Council, we lobbied the Judiciary to digitise some aspects of their case management with little success. They only reluctantly agreed to upload the daily case list on the court’s website. The Judiciary has traditionally been averse to technology and while there have been some encouraging steps towards digitisation, archaic process still obtain. Judges still hand-record all proceedings and all hearings are in person. Until Corona.
In the last three weeks, many judges have been delivering their decisions digitally. Earlier this week, I participated in an online hearing at the High Court and the ruling was delivered digitally. The experience was surreal but it brought to my mind the positive ways the world has evolved in this otherwise dark, dreary season. Granted, we had to use the digital platform Zoom, which has been banned by many authorities due to security concerns, but importantly, it was a recognition by the Judiciary that other options to manage court proceedings exist that can result in a more efficient Judiciary.