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15 Aug 2022

Business Insider SALarry Claasen, Business Insider (So. Africa)

Kenya: Court to determine if it has jurisdiction to hear lawsuit against Meta's for alleged poor working conditions

"Kenyan court must decide if it has the right to hear Daniel Motaung’s case against Meta"

The first test of Daniel Motaung’s lawsuit against Meta, the owners of Facebook, will be when a Kenyan court decides if it has jurisdiction to hear the case against the group at all. Motaung, a South African and a former employee at Sama, a Kenyan-based company, which moderates content on behalf of Facebook, is suing both Sama and Meta. He alleges his working conditions resulted in him getting post-traumatic stress disorder (PTSD) from the type of content he moderated. He also alleges they tried to bust his attempts to organise workers into a union...

In court proceedings and submissions, it has only said that as it’s incorporated in Delaware, in the US and in Dublin, Ireland, the Kenyan courts have no jurisdiction over it because they are “neither resident nor domiciled in or trading in Kenya.” It also noted that Meta does not have a “contractual relationship” with Motaung.