The High Court in Nairobi has dismissed an application by Paradigm Initiative (PIN) to participate as an amicus curiae (friend of the court) in a data protection case against X Corp (formerly Twitter).
The petition, filed by Felix Kibet, targets X Corp, the Attorney General, the Communications Authority of Kenya, the Kenya Film Classification Board, the National Cohesion and Integration Commission, and the Office of the Data Protection Commissioner. Kibet is seeking court orders to compel X Corp to:
- Delete all Kenyan accounts using aliases or unofficial names
- Remove pornographic, lewd, hateful, or disrespectful content
- Ensure the government makes social media platforms safe and compliant with the Constitution
PIN’s Arguments
PIN had sought to join the case, arguing that the petition raised emerging issues of digital rights and online anonymity in Kenya. The organisation said it had extensive experience in these areas and could assist the court by providing impartial, expert submissions.
The group proposed to address two main issues:
- The relationship between digital anonymity, freedom of expression, and the right to privacy
- The relevant international and domestic legal frameworks
PIN also maintained that the matter was of public interest and touched on constitutional freedoms in the digital age.
Opposition to PIN’s Inclusion
The petitioner, Felix Kibet, together with the Communications Authority, opposed PIN’s application. They argued that the organisation’s submissions appeared partisan.
Under guidelines set by the Supreme Court in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others, an amicus curiae brief must:
- Focus solely on legal arguments
- Remain neutral
- Be faithful to the law
- Introduce new, expert perspectives not already raised in the case
Court’s Decision
While acknowledging PIN’s expertise, the court agreed with the petitioner and the Communications Authority that the organisation’s brief could be interpreted as taking sides.
The judge noted that PIN’s prior publications, including its report Devolved Impunity – The State of Safety and Security of Bloggers in Kenya, reflected positions that could align with one party’s views in the current case. This created a reasonable perception of partisanship.
As a result, the court ruled that PIN failed to meet the neutrality standard required of an amicus curiae. The application was dismissed.
