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High Court Rejects Paradigm Initiative’s Bid to Join Data Protection Case
The High Court in Nairobi has dismissed an application by Paradigm Initiative (PIN) to join a data protection case against X Corp (formerly Twitter) as a friend of the court (amicus curiae).
The Case and PIN’s Argument
The case was filed by petitioner Felix Kibet, who sued X Corp alongside the Attorney General, Communication Authority of Kenya, Kenya Film Classification Board, National Cohesion and Integration Commission, and the Office of the Data Protection Commissioner.
He wants X Corp compelled to delete Kenyan accounts using aliases, ban inappropriate content, and ensure compliance with the Constitution.
PIN argued that the petition raised important issues of digital rights and anonymity, concepts still emerging in Kenya. It said the court could benefit from insights drawn from global experiences.
The organization highlighted its expertise in digital rights and expressed willingness to offer impartial input on matters of freedom of expression and privacy in the digital age.
PIN also committed to focusing on two key issues: the legality of digital anonymity and the legal frameworks governing privacy and free expression locally and internationally.
High Court Rejects Paradigm Initiative’s Bid to Join Data Protection Case
Court’s Ruling
However, the petitioner and the Communication Authority opposed PIN’s inclusion. They said the group had taken partisan positions, disqualifying it from serving as a neutral contributor.
Citing the Supreme Court guidelines from Trusted Society of Human Rights Alliance v. Mumo Matemo, the judge explained that an amicus brief must be neutral, legally sound, and not duplicate existing arguments.
The court acknowledged PIN’s expertise but agreed with the petitioner’s concerns. It noted that PIN’s prior publications, including its report “Devolved Impunity – The State of Safety and Security of Bloggers in Kenya,” suggested a bias.
The judge concluded that the application failed the neutrality test and dismissed it on grounds of perceived partisanship.
https://africabusinessnews.co.ke/your-duka-is-a-data-goldmine-says-elizaphan-mouko/
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