Facebook has suffered a blow after the High Court dismissed the social media giant’s application challenging the authority of Kenyan courts to handle a case brought by two individuals regarding the company’s role in the Ethiopia conflict.
The case, brought by Katiba institute and Ethiopian nationals Abrham Meareg and Fisseha Tekle, alleges that Facebook’s algorithms played a pivotal role in amplifying hate speech, inciting violence, and even facilitating murders during the violent Tigray conflict in Ethiopia between 2020 and 2022.
The petitioners claim that Meta, Facebook’s parent company failed to take responsibility for the content on its platform, which they argue exacerbated the situation in Ethiopia.
They accuse Meta of enabling a toxic environment that led to the spread of inflammatory content, including posts that incited violence and death threats.
Most notably, Abrham’s father, Professor Meareg Amare Abrha, was murdered in 2021 after his home address and calls for his death were shared widely on Facebook.
Fisseha Tekle, a former Amnesty International researcher, was also subjected to violent threats and harassment on the platform.
Meta sought to dismiss the case, arguing that Kenyan courts lacked jurisdiction to hear the matter since the company is not based in Kenya but in USA.
It further claimed that as Facebook’s operations are global, any legal action against the company should be brought in the United States, where its headquarters are located.
However, High Court judge Lawrence Mugambi rejected Meta’s argument ruling that the case could proceed in Kenya affirming the jurisdiction of the country’s courts over the matter.
The Judge however ordered the case that is pending before the High court to proceed for a full hearing on the role of Facebook in the conflict and its failure to address harmful content on its platform.
The decision comes months after last year the Court also rejected a similar jurisdictional arguments by Meta in separate cases involving the unlawful firing and exploitation of Facebook content moderators in Kenya.
This is the third time that Meta has attempted to avoid the Kenyan court system, only to have its appeals dismissed.
In their case, Meareg and Tekle, along with Katiba Institute are seeking restitution for the harm caused by Facebook’s role in the conflict, along with a demand for substantial changes in how the platform moderates content.
The petitioners are also calling for a formal apology from Meta for its role in facilitating hate speech and violence, particularly the murder of Professor Abrha.
Further are seeking, the establishment of a restitution fund to compensate victims of violence and hate speech on Facebook, with an initial request for KSH 250 billion ($2 billion) for harm caused by regular posts, and KSH 50 billion ($400 million) for harm caused by sponsored content.
Immediate alterations to Facebook’s algorithm to prevent the spread of violent content, including death threats, hate speech, and personal attacks.
Recruitment of additional content moderators to ensure that harmful content is adequately identified and removed, particularly in conflict zones such as Ethiopia.
Speaking after the ruling, Abrham Meareg expressed relief and satisfaction with the court’s decision.
“Today, we have taken a step toward justice,” he said. “Facebook cannot continue to avoid accountability for the harm it has caused, particularly in countries like Ethiopia. African lives matter, and I am grateful that the court has upheld our right to seek justice here in Kenya.”
Fisseha Tekle, who has faced ongoing threats as a result of his work documenting violence in Ethiopia, also welcomed the decision.
“Facebook’s algorithms fueled hatred and violence in my country, and I personally cannot return home because of the threats I received. This case is about holding them accountable, not just for me, but for all those who have suffered,” Tekle said.
The Katiba Institute, which is backing the case, hailed the court’s ruling as a critical affirmation of the strength of Kenya’s legal system.
“This decision is a testament to the robustness of our legal system, and it sends a clear message that tech giants cannot escape accountability for their actions just because they operate globally,” said Nora Mbagathi, Executive Director of Katiba Institute.
Mercy Mutemi, the Kenyan legal counsel representing the claimants, emphasized the importance of the ruling in defending constitutional rights.
“Kenya’s Constitution guarantees that any individual whose rights have been violated can seek redress, regardless of where the harm originated. The court has upheld that principle, allowing this case to proceed.”
