Court declines application by Meta to suspend ruling allowing its suit in Kenya
The Employment and Labour Relations Court has declined an application by Facebook owner, Meta, seeking to suspend the ruling allowing it to be sued in Kenya.
Through several applications, Meta attempted to compel the judge to effectively pause the case while it sought to appeal its loss early this month.
Justice Gakeri in a ruling on February 6 declined to strike out the names of Meta from the case filed by South African Daniel Motaung, saying it was premature yet the case raises weighty issues.
Through Senior Counsel Fred Ojiambo, Facebook said the court failed to consider and determine the issue of whether the constitution and laws of Kenya have extraterritorial jurisdiction over foreign corporates having no presence in Kenya.
Ojiambo argued that the court could only assume jurisdiction after granting Motuang permission to do so.
At the hearing his morning, Meta sought to delay the judge hearing Motuang’s application to serve – despite Meta itself initially demanding this.
The judge declined to pause (in legal language, stay) the case; he ordered more papers to be filed about the dispute over service, whether a stay is appropriate, and other procedural issues.
In general, Meta appears to be doubling down on their efforts to avoid the facts of this case – and the extent of their control over the Nairobi moderation hub – being ventilated in any Kenyan court.
Motaung, a former Facebook moderator, sued the social technology company over a toxic work environment.
He was employed as a moderator by Meta’s local outsourcing company- Samasource Kenya EPZ ltd. He wants to be paid damages for his suffering in the six months he worked for the firm and for working extra hours without pay.
Meta wanted to be removed from the case, arguing that Kenyan courts do not have jurisdiction since the foreign corporations are not domiciled or trading in Kenya.
But the court dismissed the case.
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