Justice BR Gavai warns against over-reliance on AI in judiciary, highlights ethical risks

At a conference organized by the Supreme Court of Kenya, Supreme Court Justice BR Gavai emphasized the need for caution in integrating Artificial Intelligence (AI) into judicial processes. While acknowledging AI’s potential to streamline case management through intelligent scheduling and workload distribution, he warned of the risks associated with excessive dependence on AI-driven tools.

Justice Gavai noted that many courts worldwide have adopted AI-powered case scheduling systems to optimize judicial efficiency. These systems allocate court dates based on workload and specialization, easing administrative burdens and ensuring balanced case distribution among judges.

However, he raised concerns about the ethical implications of AI in legal research. "AI-powered tools like ChatGPT have been known to generate fake case citations and fabricate legal facts. While AI can process vast amounts of legal data and provide quick summaries, it lacks human-level discernment to verify sources," he cautioned. Instances where legal professionals unknowingly cited non-existent cases due to AI-generated misinformation have led to professional embarrassment and legal consequences.

Justice Gavai also highlighted the growing use of AI in predicting court outcomes, raising fundamental questions about justice. "Machines lack human emotions, moral reasoning, and the ability to grasp the nuances of legal disputes. Justice often involves ethical considerations, empathy, and contextual understanding—elements beyond the reach of algorithms," he stated.

He urged the legal community to ensure AI serves as an aid rather than a substitute for human judgment, advocating for a balanced approach to technology adoption in the judiciary.