In a pivotal ruling with implications for digital rights and judicial neutrality, the High Court in Nairobi has rejected an application by Paradigm Initiative (PIN) to participate as amicus curiae in a landmark data protection case involving X Corp, formerly known as Twitter.
The suit, filed by petitioner Felix Kibet, seeks sweeping reforms in Kenya’s online environment. Kibet has called on the court to compel X Corp to delete Kenyan accounts operating under aliases, remove content deemed offensive—ranging from lewd and pornographic to hateful—and ensure government enforcement of constitutional safeguards on social media platforms.
PIN, a pan-African organization known for its advocacy of digital rights, argued that the case raised uncharted constitutional questions surrounding anonymity, freedom of expression, and privacy in Kenya. They offered to submit neutral, expert commentary rooted in both domestic and international legal frameworks.
However, their application was met with resistance from the petitioner and the Communication Authority of Kenya, who argued PIN’s brief revealed partisan inclinations.
In its ruling, the court acknowledged PIN’s expertise but emphasized the rigorous standards set by the Supreme Court in Trusted Society of Human Rights Alliance v. Mumo Matemo. According to those guidelines, amici must be neutral, legally grounded, and offer fresh perspectives not already presented.
The judge ruled that PIN’s previous publication—Devolved Impunity: The State of Safety and Security of Bloggers in Kenya—demonstrated bias and aligned with one side of the case.
“For those reasons, the application has failed the Supreme Court’s test… based on its prior and ongoing role within commentary on digital freedom,” the judgment read.
The decision underscores the judiciary’s effort to preserve objectivity in cases concerning digital freedoms and sets a high bar for civil society participation.
Analysts say the ruling may influence how courts across Africa assess third-party submissions in technology-related litigation.
