ABSTRACT
Pre-trial detention undermines the principles of fair trial and speedy administration of justice. Over time, this practice has evolved into a systemic issue where ‘suspects’ are incarcerated for extended periods under the guise of pre-trial detention. Alarmingly, over 40% of the prison population in more than half of all African countries comprises pre-trial detainees. This concerning trend is driven by weak criminal justice institutions and competing development priorities that often sideline reform efforts. Globally, many regions have harnessed technology to enhance the efficiency of criminal justice systems, and the COVID-19 pandemic demonstrated technology’s potential to address justice administration challenges in Africa. This chapter explores the concept of pre-trial detention, examines its implications, and underscores technology’s critical role in addressing these issues. Emphasis is placed on the use of technology in judicial processes, which is increasingly prevalent in Africa. Drawing on Kenya’s example, the chapter highlights how court automation and other digitisation efforts can reduce pre-trial detention. The chapter also acknowledges challenges such as infrastructural gaps, resource constraints, and limited technical capacity. Proposing recommendations to overcome these barriers. These include establishing systems to implement appropriate legal frameworks and providing capacity-building training for justice sector administrators on global technological trends. These measures are essential to achieving Goal 16 of the United Nations Sustainable Development Goals (SDGs) and Goal 11 of the African Union’s Agenda 2063, both of which emphasise effective institutions, justice, and the rule of law.
