FACEBOOK TO APPEAL RULING ON POWERS OF LOCAL COURT TO DETERMINE CASE BY SOUTH AFRICA.

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Facebook parent company Meta which is challenging Employment and Labour Relations Court decision.

BY SAM ALFAN.

Facebook parent firm Meta has filed notice to appeal a recent ruling by Employment and Labour Relations court that the company can be sued in Kenya.

According to the Notice of Appeal seen by NairobiTimez, Meta Plantforms Inc and Meta platforms Ireland limited signalled the intention to appeal the ruling by Justice Jacob Gakeri.

The judge rejected an application by Meta to be removed from the case on the basis that it is not registered in Kenya.

“Take notice 2rd and 3rd respondent herein Meta Plantforms Enc and Meta platforms Ireland limited (the appellant) being dissatisfied with part of the ruling and order of Dr. Jacob Gakeri given at Employment and Labour Relations Court on 6th of February 2023 intends to appeal to the court of Appeal against part of the decision,” state Meta notice of appeal.

According to Meta the court failed to consider and determine the issue of whether the constitution of Kenya and the laws of Kenya have extratorritorial jurisdiction and apply to foreign corporates having having no presence in Kenya.

The company claims it will be inappropriate and premature for the court to strike out Meta from the petitions, despite the finding and hold that the court had not assumed jurisdiction over Meta and Meta Ireland limited .

The company further adds that failure by the petitioner to seek and obtain leave to serve the company with a summons or a notice of summons out of Kenya was a procedural deficiency or error, as opposed to a substantive matter that divested the court of jurisdiction the companies.

The company notice of appeal shows that Meta thinks that its challenged actions in Kenya are issues of extraterritoriarity despite activities affecting the citizens.

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