High Court Dismisses Paradigm Initiative’s Bid to Join X Corp Data Protection Case
The case, filed by petitioner Felix Kibet, seeks to compel X Corp to delete all Kenyan accounts using aliases or unofficial names
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The High Court in Nairobi has rejected an application by digital rights group Paradigm Initiative (PIN) to be admitted as an amicus curiae (friend of the court) in an ongoing data protection case against X Corp, formerly known as Twitter.
The case, filed by petitioner Felix Kibet, seeks to compel X Corp to delete all Kenyan accounts using aliases or unofficial names, remove content deemed pornographic, lewd, hateful, or disrespectful, and mandate government oversight to ensure that social media platforms comply with constitutional standards. The Attorney General, the Communication Authority of Kenya, the Kenya Film Classification Board, the National Cohesion and Integration Commission, and the Office of the Data Protection Commissioner are also named as respondents.
PIN, which operates across Africa advocating for digital inclusion and rights, argued that the petition raises novel questions around digital anonymity and online freedom of expression—issues still developing in Kenyan jurisprudence. The organisation claimed it could offer an impartial, expert perspective to assist the court, particularly in interpreting constitutional protections alongside international standards.
However, both the petitioner and the Communication Authority opposed the bid, asserting that PIN had already taken positions on matters central to the case. They cited the organisation’s published report, Devolved Impunity: The State of Safety and Security of Bloggers in Kenya, which they argued aligned with one side’s stance in the dispute.
The court referred to the Supreme Court’s guidelines in Trusted Society of Human Rights Alliance v Mumo Matemo & 5 Others, which require amici briefs to remain neutral, legally sound, and introduce fresh perspectives. While acknowledging PIN’s expertise, the judge found there was a “reasonable perception of partisanship,” disqualifying the organisation under the neutrality requirement.
“The application has failed the Supreme Court’s test… based on its prior and ongoing commentary on digital freedom and freedom of expression in Kenya and Africa,” the ruling stated.
The decision underscores growing tensions between digital rights advocacy and content regulation debates in Kenya. According to a 2023 Media Council of Kenya report, concerns over online safety, harmful content, and the role of digital platforms have intensified, with policymakers pushing for stricter controls while civil society groups warn against threats to privacy and free expression.
About PIN
Founded in Nigeria in 2007 and active in Kenya since 2017, Paradigm Initiative connects under-served African youth with digital opportunities and defends their online rights. It has impacted over 150,000 young people through ICT skills training, entrepreneurship programmes, and advocacy on issues such as data protection, internet freedom, and digital inclusion across seven African countries.
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