A complaint was filed by a former content moderator who worked for Sama, a Meta contractor responsible for reviewing posts on Facebook.

He claims Kenya-based staff work in inhumane conditions, citing forced labour, haphazard wages and lack of union representation rights.

Meta sought to have the case quashed, arguing that the local labor market tribunal had no jurisdiction in the matter because the US group does not have a presence in Kenya and has no no activity.

But High Court Judge Jacob Gakeri denied the request.

"My decision is that the second and third defendants should not be removed from the proceedings," Gakeri said, referring to Meta Platforms and its subsidiary Meta Platforms Ireland as "full parties."

Meta was not immediately available to comment on this decision.

The next step is scheduled for March 8, in particular to organize a hearing.

UK-based legal activist firm Foxglove, which supports the complaint, said it was "extremely pleased".

"We believe it is appropriate that this trial be held in Kenya, where the abuse occurred," Foxglove director Cori Crider said in a statement.

The NGO Amnesty International Kenya also welcomed this decision: it is an "important step which affirms the authority of the Kenyan courts to protect and uphold fundamental human rights".

Meta has come under fire over the working conditions of content moderators who say they spend hours reviewing hateful and potentially disturbing posts with little regard for their well-being.

AFP participates in about thirty countries in "Third party fact-checking", a third-party verification program developed by Facebook since 2016. About sixty media around the world are also part of this program.

© 2023 AFP