“While technology presents efficient and easier ways of carrying out transactions making life easier for all of us, technology misuse is also a reality,” Maraga said.
Image: ENOS TECHE
Chief Justice David Maraga has warned of a surge in litigation of cyber-crime cases due to the high uptake of technology by Kenyans.
Maraga said the lockdown caused by the coronavirus pandemic has seen a tremendous rise in the use of online platforms for sectors such as education and learning, financial transactions, and even the justice system.
“While technology presents efficient and easier ways of carrying out transactions making life easier for all of us, technology misuse is also a reality,” Maraga said.
He added, “the post-Covid-19 period will translate to a lot litigation of a cyber-crime nature; perhaps more than has ordinarily been before the courts. This makes cyber-crime and electronic evidence a pertinent issue in Kenya."
Maraga was speaking during a virtual training of Court of Appeal Judges on Cyber Crime and Electronic Evidence. The training was organised by the Judiciary Training Institute (JTI) in partnership with the Attorney General Alliance Africa (AGA-Africa.)
He said the surge in the use of online platforms inevitably increases the risk of cyber-crime, online scams, and other ills that are associated with the use of the internet.
He said Judiciary was not exempted from cyber threats given that cases are now being filed, heard and determined virtually and meetings and conferences have gone virtual.
“As judges, we are also exposed to a host of other challenges such as cyber security, hacking and social media in our day-to-day use of technology, thanks to the digital age,” Maraga said.
Maraga also praised the ongoing training of judges on cyber-crime, saying it was important in relation to legal jurisprudence since most crimes committed today and their investigations as well as preservation of evidence involve some aspects of technology.
The CJ said the Judiciary will be undertaking its training sessions in the next financial year virtually.
“While the Covid-19 situation exposed our gaps in leveraging technology for justice, our ICT directorate has taken the challenge and we will, in the coming weeks, see major changes in how courts will operate,” he said.
Speaking during the opening ceremony AGA-Africa Board Member, Markus Green lauded the judiciary for continuing the process of automating and digitizing its operations to enhance efficiency.
He said that the challenges technology comes with including digital white collar crime and hacking necessitates such training.
“Cyber-crime accounts for losses worth Sh21 billion in Kenya, therefore, the judiciary is a key piece of the criminal justice system,” Green said.
AGA-Africa Programme Coordinator Chuks Unamba-Oparah said the surge in cyber-crime cases has posed a challenge to judges worldwide.
“With the current technical advancements, there are many cyber-crime cases and our judges need to have some information especially when dealing with electric evidence,” Oparah said.
A report by the Kenya National Computer Incident Response Team Coordination Centre shows Kenya is among top ten countries in Africa with the highest number of people exposed to cyber-crime. According to the report, 26.6 million cyber threats occurred in the country between April and June 2019.
Edited by P.O