NAIROBI, Kenya – Justice Smokin Wanjala has warned that the rapid adoption of technology in Kenya’s courts risks creating new barriers to justice if inclusivity is not deliberately built into digital systems.
Speaking during a training for Judges of the Employment and Labour Relations Court (ELRC) on digital and ICT accessibility, Justice Wanjala said technology must serve justice rather than undermine access for vulnerable groups.
In remarks read on his behalf by Kenya Judiciary Academy (KJA) Deputy Director Duncan Okello, the Supreme Court Judge and KJA Director-General cautioned that digital tools, while transformative, could become “new gatekeepers” if not carefully implemented.
“Technology has immense potential to enhance justice, but without deliberate attention to accessibility, digital justice risks excluding persons with disabilities, court users with limited digital literacy, and economically vulnerable litigants,” Justice Wanjala said.
He urged the Judiciary to interrogate who truly benefits from digital transformation, warning that innovation should not outpace constitutional values.
“As we embrace these innovations, we must remain vigilant to a fundamental question: who is able to access justice in this digital environment, and who is left behind?” he said, noting that digital reforms must advance the constitutional promise of expeditious, efficient, lawful, reasonable, and procedurally fair justice.
Justice Wanjala observed that technology has become central to judicial work, reshaping how courts file, manage, hear, and determine cases through e-filing platforms, virtual hearings, electronic records, and online legal research.
He singled out the Employment and Labour Relations Court as uniquely positioned within Kenya’s judicial system, given its frequent engagement with workers, trade unions, persons with disabilities, and other marginalized groups.
“The livelihoods and dignity of court users are often directly at stake in this Court. Ensuring that digital court processes are accessible, adaptable, and user-centred is not optional—it is integral to the Court’s constitutional and statutory mandate,” he said.
Justice Wanjala challenged Judges to view digital transformation as a leadership and values-driven process, not merely a technical shift.
“This workshop is an opportunity for judicial reflection and leadership. Judges shape jurisprudence, influence court practice, and foster institutional cultures that must place human dignity, equality, and inclusion at the centre of digital innovation,” he added.
Speaking during the opening ceremony, ELRC Presiding Judge Justice Byram Ongaya described the Court as fundamentally one of social justice, mandated to promote social dialogue and fairness in labour relations.
Justice Ongaya welcomed the training, noting that it exposes Judges to artificial intelligence and emerging digital tools within the justice system, while cautioning against uncritical adoption.
“Judges can unconsciously do injustice if they are not well trained,” he said, thanking participants and facilitators and expressing confidence that the forum would generate meaningful discussions.
The training was organized by the UK Digital Access Programme (UK DAP) in collaboration with the Judiciary.
It brought together justice sector stakeholders to address persistent gaps in digital accessibility, particularly for persons with disabilities and senior citizens, despite Kenya’s strong legal framework on equality and access to justice.
