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Abstract
Bridging the Democratic Divide with AI: Enhancing Legal Inclusion in Kenya through Large Language Models

Democracy, at its core, relies on legal inclusion and the active participation of its citizens, an engagement intrinsically tied to their understanding of jurisdictional law and policies and whose extent is inevitably bounded by the populace’s grasp of legal frameworks. Admittedly, efforts to drive an informed citizenry in Kenya have not been sketchy, ranging from incorporation of legal studies in the education system and a vibrant law professional environment. However, the dynamic nature of law, varying levels of interest and the complexity of law and its systems have hampered the people’s ability to remain consistently informed and engaged. As legal statues evolve and new policies emerge, the divide grows, slowly impairing the people’s efficiency in democratic processes, diminishing the overall quality of governance and public accountability. This exclusion necessitates innovations that can adopt to the fluidity of the law, while making it accessible to all segments of the population from their place in the world.

The key to proper governance is legal inclusion through which tenets of democracy such as representation, engagement and accountability are realized, and a defining feature of this governance is voluntary participation. Given, most engagements are inherently voluntary. But nothing exemplifies the voluntarism more than a populace that summons the law to their benefit at will. Ignorance of certain laws or even the entirety of the legal system, does not in any way depict an unpatriotic spirit, it would take a lifetime to read and contemplate on the breadth and complexity of legal text. Voluntary participation, therefore, hinges on understanding the law as required and having access to this information. Without the ability to access legal pronouncements, it is improbable that individuals can engage with or utilize the law effectively.

What does legal inclusion entail? While anyone who can read might be considered legally included, empowered by their ability to peruse a bill or a gazette notice, this perspective is overly simplistic and rarely accurate. True legal inclusion encompasses a comprehensive understanding of the law, including its precedents, calculations, associated paperwork and their interpretation within specific contexts. The primary reason individuals hire lawyers is to gain additional value in addressing or exploiting contextual subtleties, which explains the elaborate taxonomy in the legal profession and the need for associated specialized studies. However, the high cost of legal services exacerbates legal exclusion, making professional legal assistance a last resort, typically reserved for high stakes situations. The sustained importance and continued necessity of legal professionals underscore that true legal inclusion extends far beyond the mere ability to read legal texts.

The requirements of legal inclusion encompass ready access to legal texts, including precedents and policies, their interpretation, and their contextual application. Only then can citizens fully benefit from the law. Achieving this engagement involves sifting through a massive amount of text, applying reasoning, and providing and accessible interface - characteristics innate in large language models (LLMs). Consequently, LLMs offer a potential solution to the exclusion problem by providing accurate perspectives relevant to specific contexts.

Combining LLMs with retrieval augmented generation (RAG) technology further enhances this potential. RAG supplements LLMs with the capability to retrieve the most current and relevant legal information, ensuring that the advice provided is both accurate and up-to-date. By drawing from vast databases of legal texts, case law, and statutory updates, this combination addresses one of the significant challenges in legal inclusion: the dynamic nature of law. Besides that, LLMs excel at understanding and generating human-like text, making complex legal language more accessible and comprehensible. They can interpret legal documents and precedents, breaking them down into simpler terms without losing the essential legal fundamentals. The implication is a readily available and accessible legal consultant that democratizes access to legal knowledge, providing individuals with tailored, up-to-date legal advice.

Together, LLM and RAG technologies can create a robust platform for true legal inclusion. They offer a comprehensive, context-aware interface that can deliver tailored legal information and advice to users, answer specific questions and provide guidelines on how to navigate the legal environment. Where legal literacy and access to legal services are significant barriers to democratic participation, the populace is exposed to radicalization and misinformation. These technologies can foster public engagement with the law and bridge the gap between the legal system and citizenry and promote greater legal awareness across sectors.

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