NAIROBI Kenya-The High Court in Nairobi has dismissed an application by digital rights organization Paradigm Initiative (PIN) seeking to be enjoined as an amicus curiae in a landmark case involving tech giant X Corp (formerly Twitter) and several Kenyan government agencies.
The case, filed by petitioner Felix Kibet, seeks far-reaching orders against X Corp, including the deletion of Kenyan accounts using aliases or unofficial names, the removal of content deemed pornographic, lewd, hateful, or disrespectful, and government enforcement of constitutional safeguards on social media platforms.
Respondents in the suit include the Attorney General, Communication Authority of Kenya, Kenya Film Classification Board, National Cohesion & Integration Commission, and the Office of the Data Protection Commissioner.
In its application, PIN argued that the petition raised critical and novel issues around digital rights and anonymity.
The group claimed its extensive experience in these matters placed it in a unique position to assist the court by offering impartial and insightful legal arguments rooted in both domestic and international law.
Specifically, PIN intended to address the intersection of digital user anonymity with freedom of expression and privacy rights.
However, the petitioner’s legal team, alongside the Communication Authority of Kenya, opposed PIN’s inclusion, claiming the organization had adopted partisan positions that would compromise its neutrality in the proceedings.
Citing the Supreme Court’s precedent in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others, the High Court emphasized that an amicus brief must be neutral, legally sound, and offer novel perspectives.
The court found that while PIN had the requisite expertise, its public commentary and prior publications including a report titled “Devolved Impunity The State of Safety and Security of Bloggers in Kenya”suggested it had already taken a stance on the matter.
“For those reasons, the application has failed the Supreme Court’s test in Trust Society as there is a reasonable perception of partisanship in the Brief,” the judge ruled, adding that PIN’s ongoing advocacy in the space of digital rights compromised the neutrality expected of an amicus.
The court’s decision now narrows the parties involved as the case proceeds to address growing tensions around online expression, privacy, and state regulation in Kenya’s evolving digital landscape.
