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Kenyan Digest

Technology key to justice - Daily Nation

1 min read
Published 2 April 2020

By EDITORIAL
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One of the major casualties of the coronavirus pandemic is the Judiciary, where proceedings have been drastically scaled down.

Chief Justice David Maraga announced a two-week suspension of criminal and civil cases, in line with the ongoing efforts to curb the spread of the virus.

This was hardly surprising, as the courts are notoriously overcrowded, creating the environment that would favour the rapid spread of infections.

The biggest challenge, though, is that the wheel of justice does not often move as fast as it should, creating a backlog of cases, and as the old saying goes, justice delayed is justice denied.

The CJ’s well-meaning move has just compounded a perennial problem of case backlogs by further slowing down the judicial process.

However, with no indication as to when guidelines requiring people to stay at home or maintain social distancing at work will be lifted, the CJ will definitely be forced to extend it.

The judicial system is in dire need of reforms to speed up the delivery of justice.

What the epidemic has taught all of us is the need to change rigid practices or traditions in order to survive.

With churches and other religious organisations now relaying services to their faithful in their living rooms on TV, technology is the answer.

The court system should likewise leverage technology to ease the delivery of justice and cut costs. Video conferencing can enable virtual trials.

It is also possible to set up online portals through which litigants and their lawyers can communicate. By embracing technology, the Judiciary can circumvent the crisis.

Courts can receive documents through digital media and similarly issue their rulings.

The Judiciary must prove that it is not the buildings that dispense justice but a system that enhances due process.