A ruling on whether or not Meta has a case to answer in Kenya will be made early next year, after legal submissions that were tabled today by lawyers representing the social media giant and the plaintiff, Daniel Motaung.

Motaung is a South African citizen, who brought this case against Meta and its main content moderation subcontractor in Africa, Sama, alleging forced labor and human trafficking, unfair labor practices, union busting, and failure to provide "adequate" mental health and psychosocial support. Motuang used to work for Sama whose moderators based at Nairobi hub are recruited from several countries in Africa.

The submissions came after Meta had applied to Kenya's employment and labor relations court seeking to have the case against it dropped saying it's not incorporated in the East African country and, therefore, local courts lack jurisdiction over it. Meta also argued that Motaung was not its employee but Sama's.

The case has been set for February 6, 2023, and will determine if Meta will be ejected from charges in Kenya. Nzili and Sumbi Advocates argued that as Meta conducts some operations in Kenya, pays digital services tax and its platforms-mainly Facebook-are extensively used in the country, it can be sued there.

Other lawyers say the work done by Sama's content moderators-to vet social media posts on Meta's platforms and remove some for hate, misinformation, or violence-is commissioned by Meta.

The correct position is that the work performed by the petitioner (Motaung) and the other Facebook content moderators at the 1st Respondent's (Sama's) premises was assigned and supervised by the 2nd and 3rd Respondents (Meta Platforms Inc and Meta Platforms Ireland). This Petition arises from a violation of human rights that occurred in the performance of that work. The 2nd and 3rd Respondents, being the proper employers of the Petitioner, are proper parties in this Petition, as held by Nzili and Sumbi Advocates in their submission.

". The work that resulted in the alleged human rights violations was assigned and supervised by the 2nd and 3rd Respondents (Meta Platforms Inc and Meta Platforms Ireland).".

Meta replied by saying that the Kaplan and Stratton law firm held that Meta is a foreign entity and does not submit to Kenya's constitution, thus "could not have breached the petitioners' rights."

Motaung, who claims to have been dismissed for leading a 2019 strike and trying to unionize Sama's staff, is suing for himself as well as other former and current moderators over monetary relief. He also demands Sama and Meta be forced to stop union busting as well as provide mental health resources amongst other demands.