By Andrew Kariuki

The High Court in Nairobi has struck out a Notice of Motion after finding that the supporting affidavit bore an electronic signature and appeared to have been generated using artificial intelligence.

In a ruling delivered at the Milimani High Court, Justice Bahati Mwamuye held that the application failed to comply with procedural requirements under the Civil Procedure Rules and the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules.

The court noted that the supporting affidavit attached to the application did not meet the legal requirements governing affidavits and raised concerns about how it had been commissioned by a Commissioner for Oaths, given that it was electronically signed.

Justice Mwamuye further observed that a review of both the application and the supporting affidavit suggested they were machine-generated. The court stated that outputs produced by artificial intelligence cannot replace documents drafted by a party or their legal counsel.

“As the law stands today, computer-generated or outputs of artificial intelligence cannot be a proper substitute for human-drawn documents,” the judge stated in the ruling.

The court concluded that the defects in the application were not mere procedural technicalities and could not be cured through amendment.

Consequently, the Notice of Motion dated March 5, 2026 and its supporting affidavit were struck out.

However, the court granted the applicant liberty to file a fresh application and supporting affidavit that comply with the law.

The case arises from Petition No. HCCHRPET/E393/2024, filed by Nayan Mansukhlal Savla against the Kenya Psychiatric Association, with the Commission on Administrative Justice listed as an interested party.