MOBILE ACCESS & AFRICA FROG LEAPING THROUGH THE DESKTOP A paper presented by Martin M. Mbui Systems Administrator National Council for Law Reporting (Kenya Law) at the Law via Internet held in Capetown, South Africa from 29 th September 2014 to 1 st October, 2014. On Mobile Legal Information A case of Kenya Law Page 1
Abstract: Ever the techno savvy an Organization Kenya Law is, coupled with passion and an unwavering zeal to be at our best, the Kenya Law fraternity embarked on a journey of enabling dispensation of legal information into more platforms accessible by most youth in Kenya by partnering with Strathmore University to create the Kenya Law App. A mobile App, short for Mobile Application is a software application designed to run on Smartphone s, tablet computers and other mobile devices. They are usually available through application distribution platforms, which are typically operated by the owner of the mobile operating system, such as the Apple App Store, Google Play, Windows Phone Store, and BlackBerry App World. Some apps are free, while others must be bought. Usually, they are downloaded from the platform to a target device, such as an iphone, BlackBerry, Android phone or Windows Phone, but sometimes they can be downloaded to laptops or desktops. For apps with a price, generally a percentage, 20-30%, goes to the distribution provider (such as itunes), and the rest goes to the producer of the app. Mobile apps were originally offered for general productivity and information retrieval, including email, calendar, contacts, stock market and weather information. However, public demand and the availability of developer tools drove rapid expansion into other categories, such as mobile games, factory automation, Global Position System (GPS) and location-based services, banking, order-tracking, and ticket purchases. The explosion in number and variety of apps made discovery a challenge, which in turn led to the creation of a wide range of review, recommendation, and curation sources, including blogs, magazines, and dedicated online app-discovery services. Page 2
With a population of about 40Million+ Kenyans using mobile devices and about 7million of them using smart enabled devices, Kenya Law saw a niche for dispensing legal information in a trendy but accurate manner. The Mobile App will initially be for access of basic Kenya Law functions and will be released in Versions as more content is added. Contents of the initial version will include: 1. Selected Cases 2. The Cause List 3. Bills 4. Caselaw 5. Constitution. Subsequent versions will contain all content on Version 1 and: 1. Kenya Gazette 2. Laws of Kenya 3. Legal notices. Kenya Law is also sourcing for development of the same applications in other platforms in the search for an all inclusive Justice enabling generation. This paper will show the possible achievements of diversifying legal accessibility by creating a product brand for the consumption to the General public - for FREE Page 3
Introduction One of the key factors that spur personal and economic growth is knowledge of Information and access to this Information. Africa is experiencing tremendous growth in Mobile telephony and Internet usage mainly because of the liberalization of the telecommunications sector by most African Governments and the creation and increase of healthy competition between different service providers. Another factor that affects information access is the stability of a Government and confidence in the administration of justice by its populous within and without a country. Investors have to be assured of the safety of their investments in a country. This can only be done if there is observance to the rule of law and certainty in the court process. Most African states have in recent years digitized or tried to digitize the way government carries out its business. This in a way forces other sector players to tow the line in order to remain current and relevant. In a remarkably short period of time, internet and mobile technology have become a part of everyday life in most parts of the world. Cell phones, in particular, are almost omnipresent in many nations. The internet has also made tremendous gains in people s personal lives, although a lot of challenges are faced by low income earning people who view a mobile phone as a luxury or even an un-necessary evil. Meanwhile, smartphones are still relatively rare, although significant minorities own these devices. Page 4
People around the world are using their cell phones for a variety of purposes, especially for texting and taking pictures, while smaller numbers also use their phones to get political, consumer and health information. Mobile technology is also changing economic life in parts of Africa, where many are using cell phones to make or receive payments. Personal Computer Usage in Africa Desktop computers (PCs) and Laptops are being used predominantly as a tool by various countries to harness significant social and economic development. Just like industrialization revitalized some economies during the 19 th century, (PCs) are being used to spur economic growth in most Government offices, private sector and even in our homes. ICT is an increasingly powerful tool for participating in global markets; promoting political accountability; improving the delivery of basic services; and enhancing local development opportunities. The surge in the use of computers was brought about by the demand for global trade where physical boundaries which were a barrier to communication in the early 90 s were overcome by the need to cut costs, and maximize on profits by having reduced turnaround times in conducting business. Similarly, the legal fraternity, during the technological explosion that was taking place, adopted new models of carrying out its profession from uploading legal information on the Web, to adoption to technologically advanced methods of communication. The National Council for Law Reporting (Kenya Law) through its website provides free, accessible, and updated legal information on Kenya. It provides case Page 5
law, legislation, gazette notices, and other pertinent legal information. Prior to its inception, the legal fraternity in Kenya had great difficulties in accessing case law. Mobile Gadget uptake in Africa The importance of mobile phone technology in Africa is derived from its enabling effects; as the Developed world is converting pre-existing systems to mobile technology, Africa is building systems through mobile technology. In Africa, the mobile phone is the basis for development, rather than its result. In terms of overall coverage, it is difficult to find reliable pan-african information on how much of the continent s geographical area is actually covered by mobile networks. What is known is that countries such as Nigeria, Tanzania, South Africa, Kenya and Ghana have focused on expanding network capacity, with the number of cellular base stations in these five countries increasing by 250% between 2007 and 2012. According to the Communications Authority of Kenya, the importance of this coverage expansion becomes clear when we look at (the relatively prosperous) Kenya, where traditional infrastructure is limited and has been stagnating or declining for decades (post offices, fixed telephone lines etc). In Kenya today, it is very possible to meet people with more than one mobile phone as a lifestyle, fashion statement or due to the convenience provided by the competitive nature of the various mobile operators. The mobile explosion has been made possible by a rise in mobile phone penetration and coverage. The mobile phone has served as a substitute for traditional infrastructure, which might have taken generations to create the benefits that can already be seen. Like no other product, the mobile phone has allowed the benefits of ICT to filter down to the Page 6
general African populace, as mobile phone subscribers are now in the majority. In most regions in Kenya, it is more likely that a sample of a random 20 people will have more mobile gadgets than Personal Computers. With these staggering facts, and with a population of roughly 45 million people in Kenya alone, catapulting information from solely being relied upon on PCs would leave out a huge chunk of the populous in Africa whether knowingly or unknowingly. It is more likely that an individual who works with a personal computer, or owns a PC(s), probably also owns a Mobile gadget or two. In addition, with the mobile revolution in Africa reaching even areas considered marginalized, the power of this gadget cannot be undermined. Use of Mobile gadgets in Administration of Justice The use of ICT is considered one of the key elements to significantly improve the administration of justice. The rapid development of technology has opened up new opportunities that were unthinkable only a few years ago. Around the world, for instance Canada, several statutory reforms have been introduced to allow the use and the exchange of electronic data and documents within national judicial systems. The availability of web services, the possibility of consulting on-line legislation and caselaw, the use of electronic filing, the electronic exchange of legal documents are only some of the examples that are spurring the judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, helping the judiciaries all over the world to provide adequate services. Page 7
Mobile Use in Disseminating Legal Information Kenya Law embarked on an ambitious venture of increasing the public access to legal information by venturing in the use of Mobile phones as a source of some selected legal information which generate public interest. This was informed by the thousands of Kenyans who had taken up the use of Mobile gadgets thus providing a ready and thirsty people who required legal Information. In essence, it is envisioned that, if the uptake of this mode of Legal information uptake is successful, proper platforms would be used in enhancing Mobile gadget use and would maybe, just maybe replace the legal books and be the authority to be even used in Court sessions. Page 8