Court rules Meta can be sued over moderator sackings

Motaung says the working conditions were poor, the salary payments were irregular and alleges he was sacked for trying to form a union.

Another case, filed in March last year, groups 185 content moderators who were sacked by Sama.

They allege they were then blacklisted from applying for the same roles at another firm, Majorel, after Facebook changed contractors.

They are demanding compensation for insufficient salaries, and for damage to their mental health.

Settlement talks between the moderators and Meta collapsed in October last year.

In both cases, Meta had argued that it could not be sued in Kenya where it had no activities and was not a direct employer.

But the Court of Appeal on Friday upheld an ruling by a Kenyan labour court in April 2023 that Meta could face trial over the layoffs.

Meta, which can file an appeal at the Supreme Court, has not reacted so far.

Mercy Mutemi, a lawyer for the sacked content moderators, said the ruling was a "significant decision".

"Meta being sued in Kenya is a wake up call for all Big Tech companies to pay attention to the human rights violations taking place along their value chains," Mutemi said.

James Irungu, one of the 185 former content moderators, added: "We've been waiting for this verdict for over a year, and while we know there's still a long way to go, today marks a significant victory."

However, the appeals court turned down a decision by the labour court that the sackings be suspended and that the moderators paid salaries until the affair is resolved.