3 April 2025, Nairobi

A landmark legal case against murder, death threats and hate speech enabled by Facebook’s toxic algorithm was given permission to go ahead today following a ruling at the Kenyan high court in Nairobi.

The case, brought by Ethiopian nationals Abrham Meareg and Fisseha Tekle, challenges how Facebook fanned the flames of violence in Ethiopia, particularly in the Tigray conflict, between 2020-2022. The third claimant in the case is Katiba Institute, a legal organisation that aims to defend the Kenyan Constitution.

Abhram’s father, Professor Meareg Amare Abrha, a respected chemistry professor at Bahir Dar University, Ethiopia, was murdered in 2021 after his home address and posts calling for his murder were published on Facebook.

Fisseha, a former researcher at Amnesty International who published independent reports on violence by all sides in the Tigray conflict, was targeted with death threats on Facebook as a result of his work.

Instead of engaging with the substance of Abrham and Fisseha’s case, Facebook’s owner, Meta, argues the Kenyan courts do not have the power to hear the case against them, as Meta is not a Kenyan company and, it claimed, does not operate in Kenya. Any claim, Meta argues, should be brought before the US courts.

Today’s ruling rejected that argument and confirmed that the case falls within the jurisdiction of the Kenyan courts.

Meta has made the same jurisdictional argument in two separate cases challenging the exploitation and unlawful firing of Facebook content moderators in Kenya in 2022 and 2023. The argument has been dismissed three times by the Kenyan courts, twice by the Employment and Labour Relations Court and most recently, in September 2024, by the Court of Appeal.

Legal documents filed in the case ask the court to order Facebook to pay restitution for the role it played in the murder of Abrham’s father, as well as seeking fundamental changes to its operations, particularly to the algorithm it uses to curate Facebook users’ experience. The demands include:

• Meta must make a formal apology for the murder of Professor Meareg Amare Abrha.
• Meta must create a restitution fund for victims of hate and violence incited on Facebook. While the scope of this fund would be assessed by the court, 250 billion KSH ($2bn) is sought provisionally for harm from normal posts, with a further KSH 50 billion (approximately $400m) for harm from sponsored posts.
• Meta must alter Facebook’s algorithm to stop promoting viral hate  
• Meta must alter Facebook’s algorithm to start demoting violent incitement such as death threats and doxing – starting, at least with the emergency steps Facebook took after the US Capitol riots of 6 January 2021. 
• Meta must recruit enough Facebook content moderators to ensure it does not repeat the terrible harm it has caused already in East and Southern Africa, and particularly in Ethiopia.

The case is supported by tech justice non-profit Foxglove. Mercy Mutemi of Nzili & Sumbi Advocates is the Kenyan legal counsel for Abhram and Fisseha.

Abrham Meareg said: “I am grateful for the court’s decision today. It is disgraceful that Meta would argue that they should not be subject to the rule of law in Kenya. African lives matter.

“Mark Zuckerberg may imagine that justice begins and ends at the US border. I am happy that the court has demonstrated today that is not the case.”

Fisseha Tekle said: “The court has made the right decision. Facebook fanned the flames of hatred and violence in Ethiopia – I myself cannot return home because of Meta’s failure to make his platform safe.

“Meta cannot undo the damage it has done, but it can radically change how it moderates dangerous content across all its platforms to make sure no-one else has to go through what I have. I look forward to this matter being fully heard by the court.”

Katiba Institute Executive Director Nora Mbagathi said: “This decision highlights the robust nature of our legal system and constitution.

Given the novel and complex nature of litigation on Big Tech, the case may have a consequential impact around the world. The court here has refused to shy away from determining an important global matter, recognizing that homegrown issues must be addressed directly in our courts.”

Kenyan legal counsel Mercy Mutemi said: “The Constitution of Kenya provides that any person can approach the Kenyan constitutional court for redress when their rights have been violated in Kenya.

“The Court has today upheld the Constitution by giving a go ahead for this case to proceed.”

Download the ruling here

NOTES TO EDITORS

For details on the Court of Appeal’s decision to reject Meta’s jurisdiction arguments in the ELRC in September 2024, see here: https://www.foxglove.org.uk/2024/09/23/facebook-content-moderators-kenya-meta-appeal/

Press Contacts: Kevin Mabonga kmabonga@katibainstitute.org; Irene Kiragu irenekiragu@katibainstitute.org