The Judiciary faced a moment of national embarrassment on Thursday, June 27, during the highly anticipated ruling on the government's authority to deploy the Kenya Defence Forces (KDF) to manage nationwide protests.
At 6:45 pm, the High Court, which had earlier in the day boasted about the large number of participants in the virtual court session, encountered numerous technical difficulties. These issues compelled the court to halt the broadcast and restart it.
Justice Lawrence Mugambi, who was delivering the ruling, experienced a sudden microphone failure. In the televised session, the Judge's visible frustration was clear as he tried to resume the broadcast.
The Zoom call, which had approximately 800 participants, saw attendees vocally expressing their frustration over the muted microphone.
The hitches came as the ruling that was first expected to be released at 3pm was moved to 5pm and eventually, the ruling started being released at about 6:30pm.
Speculation is rampant regarding the cause of these technical issues, and the public eagerly awaits further clarification from the court. This incident comes just a few months after the Judiciary transitioned to digital operations.
Already, the KDF was deployed in the streets of Nairobi, and was seen protecting the State Houses of Nakuru and Kisumu. In Nairobi, the heavily armed soldiers with armoured cars and tankers made routine patrols and came face-to-face with protestors along Moi Avenue.
In March, Chief Justice Martha Koome oversaw the launch of the e-filing system across all courts. This event also introduced the Data Tracking Dashboard and the Cause List Portal, marking significant advancements in the court's digital infrastructure. The electronic system, initially launched by former Chief Justice David Maraga, has been pivotal in streamlining court processes.
Chief Justice Koome's announcement in March 2023 detailed plans to roll out electronic case filing to all court stations nationwide. This followed a successful implementation in Nairobi, setting a precedent for the rest of the country.
The e-filing system offers both citizens and non-citizens a platform to digitally initiate and complete the case filing process, including e-payments and e-receipting.
Despite these advancements, Thursday's technical fiasco has cast a shadow over the Judiciary's digital transition.
The High Court's inability to manage a seamless virtual session during a critical ruling has raised questions about the reliability of the new system.
The ruling on the KDF's deployment remains shrouded in uncertainty due to the broadcast interruptions. This moment of national shame has sparked a debate about the Judiciary's readiness to fully embrace digital platforms for crucial proceedings.
