NAIROBI, Kenya, Mar 11 — A High Court judge sitting at the Milimani Law Courts has struck out a Notice of Motion Application and its supporting affidavit after determining that the documents were computer-generated.
In a ruling delivered virtually, Justice Bahati Mwamuye said the application filed by Nayan Mansukhlal Savla against the Commission on Administrative Justice and the Kenya Psychiatric Association failed to meet key procedural requirements.
The court noted that the application did not comply with Order 51 Rule 13 of the Civil Procedure Rules, which mandates a specific notice statement at the foot of every motion application.
Additionally, the supporting affidavit did not conform to Order 19 Rules 4 and 5 of the Civil Procedure Rules.
Justice Mwamuye highlighted that both the Notice of Motion and the affidavit were machine-generated, raising concerns about the use of artificial intelligence in legal filings.
“Computer-generated documents or outputs of ‘artificial intelligence’ cannot be a proper substitute for human-drawn documents. A party must draw and file their documents on their own accord and by their own hand or through their legal representatives,” the judge said in a direcyive issued on Friday.
While the court acknowledged that the defects were largely technical, it concluded they were sufficient to strike out the application.
The ruling clarified that such errors cannot be cured by amendment but allowed the petitioner to file a fresh, compliant application and affidavit.
The decision underscores the judiciary’s insistence on strict adherence to procedural rules and human oversight in legal documentation, even as technology increasingly influences the practice of law.