In Kenya, Meta is currently facing two legal cases. One involves an ex-moderator who sued the company for moderating disturbing content, while the other case involves 187 former moderators who claim they were unfairly terminated and are seeking compensation.
The Employment Court’s ruling in Kenya has been upheld by the Court of Appeal, allowing the 187 content moderators to proceed with their lawsuit against Meta. This decision holds Meta accountable for the treatment of moderators in Kenya and opens the possibility for a settlement as negotiations stalled previously. The moderators are collectively seeking $1.6 billion in compensation.
Despite Facebook’s argument that it could not be sued in Kenya as a foreign company, the cases against Meta, Sama, and Majorel have been allowed to move forward. The main dispute of unfair dismissal is still pending determination, indicating that the case will go to trial if a settlement is not reached.
Sama, a global Business Process Outsourcing organization, terminated the moderators after they attempted to unionize, despite initially stating no objection to union representation. The moderators argued that their exposure to disturbing content was not adequately compensated with a monthly pay of around KES 60,000.
Sama and Majorel have ceased their content moderation services for Meta, with Majorel laying off over 200 employees after losing Meta’s business in 2023. Sama has shifted its focus to artificial labeling following the discontinuation of content moderation services.