Court Throws Out Case by Facebook Seeking to Stop Lawsuits Against the Multinational

Meta Platforms has lost a bid to suspend proceedings at the Labour Court in which Facebook content moderators are battling their sacking.

Even though interim orders are in place suspending their redundancy, Meta has tried to have the matter dismissed, citing jurisdiction issues but the court has declined.

Meta moved to the court of appeal seeking to suspend any further proceedings in the Nairobi Employment and Labour Relations Court pending the determination of an intended appeal against the ruling delivered on March 20 this year by Justice Nduma Nderi.

Judge Nderi on the said date restrained Meta from implementing the redundancy notice issued to Facebook content moderators on January 10 pending the determination of a matter they had filed.

Meta was also barred from replacing the Facebook content moderators.

The company attempted to have the matter dismissed by filing objections to the suit but the same was declined.

They had cited a lack of jurisdiction by the Labour Court to handle the matter.

But Nderi declined, saying the dispute arose from an employer and employee dispute. He extended the interim orders he had issued.

READ ALSO: Facebook COO Sandberg downplays calls for a breakup, ignores WSJ bombshell

Aggrieved, Meta appealed. But Court of Appeal Judges Daniel Musinga, Kathurima M’Inoti and John Mativo have also dismissed their application dated May 5, 2023.

The judges said a stay of proceedings pending hearing and determination of an appeal against a temporary ruling should only be allowed if the circumstances are such that the disputed order will significantly harm Meta if the matter proceeds.

They said it is the duty of every court to eliminate situations that may unnecessarily cause delays in the administration of justice.

The judges observed an attempt by Meta to persuade the court that Judge Nderi was biased against them because he recused himself after pronouncing the disputed order.

However, the judges observed that Nderi never recused himself from the case as alleged.

They said the judge is on record stating that he was proceeding on leave and therefore he passed the file to the presiding judge of the court for re-allocation to another judge.

During the hearing, Meta argued that they are foreign entities incorporated outside Kenya, and therefore the trial court has no jurisdiction over them.

They also argued that being foreigners, the constitution of Kenya does not apply to them.

However, the appellate judges said the ground that the constitution does not apply to Meta because they are foreigners is not arguable and cannot stand.

“To our mind, the constitution binds every person within the republic and obligates every person to observe and respect it,”

“There is nothing to show that in the absence of stay, the applicant’s ability to defend the said petition will be hindered,” said the appellate bench.

This means the main petition before the Labour Court will proceed with the interim orders still in place.

Leave a Reply

Your email address will not be published. Required fields are marked *

Next Post

HP EliteBook 830 G5 Review: A Powerful and Sleek Business Laptop

Mon Jul 31 , 2023
Share on Facebook Tweet it Share on Reddit Pin it Share it Email When it comes to mainstream business laptops, HP’s EliteBook 800 series competes with heavyweights like Lenovo’s ThinkPad T and Dell’s Latitude 7000 families. However, the HP EliteBook 830 G5 challenges this notion by delivering a compelling package […]

You May Also Like

Chief Editor

Jacktone Lawi

Meet Jacktone Lawi, a seasoned technology journalist with years of experience in the industry. I have developed my passion for technology during my formative years, which has been instrumental in shaping my career trajectory. My expertise lies in reporting on emerging technologies and their impact on businesses and consumers worldwide. Through my experience I’m well-versed in covering topics such as artificial intelligence, blockchain, cybersecurity, cloud computing, and digital transformation, among others. Throughout my career, I have has demonstrated an exceptional ability to distill complex technical information into accessible and engaging content that resonates with my readers. My writing style is clear, concise, and informative, allowing me to communicate even the most technical concepts to a broad audience. Beyond my writing skills, I have also become known for extensive network of industry contacts and ability to secure exclusive interviews with high-profile figures in the technology world. These connections have enabled me to gain unique insights into the latest trends and developments in the field, giving me a competitive edge in my reporting. In addition to my work as a journalist, I’m also actively engaged in the broader technology community. Where I regularly attend conferences and events, share insights and stays up-to-date on the latest innovations in the industry. Overall, my wealth of experience as a technology journalist have given me a deep understanding of the industry and its impact on society.

Quick Links