NAIROBI, Kenya, Apr 4 — Kenya’s High Court will proceed to hear a lawsuit against Meta, the social media giant that owns Facebook, over rights violations committed in Ethiopia after the court affirmed its reach on trans-jurisdictional matters on Thursday.
Justice Lawrence Mugambi determined, in a ruling on Thursday, that Kenyan courts have jurisdiction over Meta for violations committed by its content moderators based in Kenya.
The decision paves the way for a full hearing on a petition that raises critical concerns regarding human rights and social media governance.
In his ruling, Justice Mugambi dismissed an application by Meta to strike out the petition, asserting that the case deserved a hearing on its merits rather than a dismissal at the preliminary stage.
The petitioners — Ethiopians Abrham Meareg and Fisseha Tekle, a former Amnesty International researcher, together with The Katiba Institute — accuse Meta of promoting harmful content during the armed conflict in northern Ethiopia from November 2020 to November 2022.
Human Rights in the Digital Era
Mugambi noted the global implications of the case as worth paying attention.
“The Petition raises fundamental concerns on acts or omissions that may have been made regarding content posted on Facebook Platform by content moderators based in Kenya that may impact on observance of human rights beyond Kenya through the use of social media. This in my view perfectly falls within the purview of this Court’s jurisdiction to consider under Article 165 (3) (b) of the Constitution,” he ruled.
The decision recognizes the transnational nature of digital content moderation and its potential impact on fundamental rights beyond Kenya, underscoring the responsibility of tech giants in upholding ethical and legal standards across jurisdictions.
Justice Mugambi invited Chief Justice Martha Koome to empanel a bench to undertake a full trail considering weighty constitutional matters raised on the subjects of human rights, AI ethics, and digital justice.
Justice Mugambi noted that the petition raises substantial constitutional questions regarding the role of Artificial Intelligence (AI) in content moderation, potential algorithmic biases, and the broader accountability of social media platforms.
The ruling marks a significant step forward in global efforts to hold tech companies accountable for their operations beyond their home countries, reinforcing Kenya’s position as a leader in digital rights litigation.
The decision strengthens the legal standing of digital rights activists and content moderators who have long raised concerns about the treatment of workers and the psychological toll of content moderation.
It establishes a significant precedent, affirming that Kenyan courts can adjudicate matters concerning global technology companies operating within its borders.
