Supreme Court Judge Lenaola warns AI, deepfakes could undermine elections

Supreme Court Judge Justice Isaac Lenaola has raised concerns over the growing threat posed by misinformation and emerging technologies such as artificial intelligence (AI) to democratic processes, warning that the country must prepare to confront the dangers of disinformation and deepfakes.

Speaking during the launch of the law school and Bachelor of Laws programme at Zetech University, Justice Lenaola said the age of misinformation, disinformation and fake news has raised serious questions about the place of truth and accuracy in modern society.

The Supreme Court judge noted that the rapid advancement of artificial intelligence has introduced complex challenges that legal practitioners and judicial officers must be ready to confront.

Justice Lenaola revealed that he is part of a group of African judges currently reflecting on the implications of artificial intelligence on elections across the continent.

According to him, one of the key questions they are grappling with is how electoral processes could be manipulated through the use of deepfake technology.

Justice Lenaola illustrated a hypothetical scenario in which voters in a particular region receive manipulated messages on the eve of an election warning of impending violence, noting that such targeted misinformation could frighten residents into staying away from polling stations, effectively suppressing votes in that area while other regions proceed to vote.

“We are asking ourselves what happens in an election where one candidate uses deepfakes to disenfranchise a section of the population. They may feed phones with violent images and warn people not to leave their homes, claiming that women will be raped and houses burned," he said.

"If a candidate knows that a particular region does not support them, such messages could discourage people there from voting."

The judge challenged law students, legal scholars and practising advocates to begin thinking about how courts would handle such cases if they were brought before them.

Deputy Vice Chancellor in charge of Academic and Student Affairs at Zetech University, Prof. Alice Njuguna, said the establishment of the law school marks a significant milestone for the institution as it seeks to contribute to the development of the legal profession.

“We remain committed to upholding the highest standards in legal education and training to ensure our students are competent. We look forward to working with the Kenya School of Law to ensure our graduates are well prepared to transition into the legal profession,” she said.

Also speaking during the event, the Chief Executive Officer of the Council of Legal Education, Prof. Jack Mwimali, said the accreditation of the Bachelor of Laws programme reflects the university’s commitment to meeting the required standards in legal training.

Prof. Mwimali said the council remains committed to safeguarding the quality of legal education in Kenya while supporting institutions that demonstrate readiness to offer credible programmes.