For the second time this year, a Kenyan judge has rejected attempts by tech giant Meta to not answer to Kenyan justice over alleged unlawful layoffs of staff.
The High Court on Thursday ruled that the Facebook parent company could be sued in Kenya after 43 moderators at its Nairobi office filed a lawsuit against the company for unfair termination
In January 2023, executives told all 260 moderators at Facebook’s moderation hub in Sama Nairobi that they were being made redundant and would lose their jobs. It then surfaced that the positions were not, in fact, redundant but that Facebook was merely switching suppliers to another outsourcer, Majorel.
Recruiters also allegedly told the existing moderators that they were effectively blacklisted from applying for the new roles – a move the moderators say amounts to an unlawful blacklist of moderators and is punishment for organising.
A large group of them sued and won an interim order blocking the layoffs in March.
In response, Facebook made a similar argument to one it had previously made in another pending moderator case – brought by union leader Daniel Motaung – saying it lacked a registered office in Kenya, did not trade in Kenya, and therefore could not be subject to Kenyan jurisdiction at all.
Today’s ruling rejects Facebook’s argument.
The court found that Facebook was properly served and: “have rightly been placed within the territorial jurisdiction of the Court.” It said the extent to which Facebook is the true employer of content moderators it hires through outsourcing firms, such as Sama or Majorel, is a question of fact that can only be determined at a full trial of the issues.
It ordered that the full trial challenging the layoff should be listed as a priority – and kept in place its legal ban on Facebook taking any further steps to sack these Sama moderators or move supplier to Majorel.
Trevin Brownie, a content moderator in the petitionsaid: “We are so happy about today’s ruling. Facebook terrified those of us with families to support that we will be thrown away with no future.
“Content moderation shouldn’t be used to try and make huge profits for Facebook – they should be treated like law enforcement. You don’t hire police to try and make money – you hire them to stop crimes. It’s the same with content moderation.
Join our community and solve the Puzzling fun with our range of crosswords
We are building some fun puzzles to put your problem-solving skills to the test and we want you to have a blast while you're at it!
Share your email and we’ll serve up new puzzles with your morning coffee.
Do you want to help shape the features we prioritize? Take a Survey to help us understand what matters to you most
Begin SurveyAM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
This is Daily Politics. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.
