The Senate has requested the High Court to dismiss a petition filed by tech professionals opposing a law that grants immunity to global technology companies such as Meta and Google from prosecution related to labor and human rights violations.
The Senate argued that granting orders to stop the Bill's processing is unnecessary because the court can still exercise its powers if the Bill becomes law. They described the legal challenge to the Business Laws (Amendment) Bill 2024 as speculative and premature.
“The orders sought in the application and the petition further violate the principle of separation of powers that requires each arm of government to carry out their roles independently and without interference from the other arms of government,” the Senate said in response.
The Bill grants tech companies immunity from lawsuits in Kenya over alleged labor and human rights abuses. It has already been forwarded to the National Assembly for further consideration.
There are ongoing court cases where workers, including content moderators, have sued Meta for alleged human rights violations and a toxic work environment. The petitioners fear that if the Bill is enacted, it will block future legal actions against global tech firms for similar abuses.
“According to the Senate, the lawmakers passed the Bill pursuant to their constitutional mandate and the orders being sought were therefore, an affront to the legislative role of Parliament.”
The Senate defends the Bill, emphasizing parliamentary authority and warning against judicial interference, while tech workers seek to preserve their right to sue for labor and human rights violations.
Author's summary: The Senate urges dismissal of litigation against a Bill granting global tech firms immunity, highlighting legislative authority and risks of judicial overreach.