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Meta's Chairman and CEO Mark Zuckerberg testifies at a House Financial Services Committee hearing in Washington, US, on Oct 23, 2019. [Photo/Agencies]

Kenya

FB-owner faces Court setback as Kenyan Judge summons executives

NAIROBI, Kenya, Apr 22 – The Employment and Labour Relations Court has ordered senior officials linked to Meta Platforms and its contractors to testify, in a case filed by 187 former Facebook content moderators.

The ruling relates to consolidated petitions Kiana Monique & 186 Others v Meta & Others and Daniel Motaung v Sama & Others, where the former moderators accuse the companies of forced labour, human trafficking, discrimination, unlawful termination and mental health harm.

In a key development, the court summoned Laura O’Hanlon, Meta’s Director of Scaled Regulatory Response and WhatsApp Operations, for cross-examination over her affidavit filed on behalf of the company and Meta Platforms Ireland Limited.

Petitioners argue the affidavit contains misleading claims, including assertions that Meta was not involved in hiring or terminating moderators and that its content moderation system lacked surveillance features.

The court also directed several individuals who filed affidavits on behalf of contractor Sama and occupational safety authorities to appear for cross-examination, citing disputed statements.

The case stems from alleged working conditions at a Nairobi-based moderation centre handling content for Meta’s platforms. The petitions, filed in 2022 and 2023, were later consolidated.

One of the petitioners, Nathan Nkunzi, welcomed the ruling, saying it signals progress for the group.

“I am happy that the case is progressing. As former Facebook content moderators, our mental health has really been suffering from what we were exposed to while working for Meta and Sama,” he said.

Counsel for the petitioners, Mercy Mutemi, said the decision clears the way for substantive hearings.

“We have been pushing for the former Facebook content moderators to get their day in court and we believe this ruling finally opens the door for that,” she said.

The court also declined an application by Sama to dismiss an amended petition filed by whistleblower Daniel Motaung, directing both Sama and Meta to respond to the claims.

A hearing date is expected as the case moves to the next stage, in what could become a landmark ruling on digital labour practices in Kenya.

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