Kenya has been engaging with global technology companies, including Meta, Microsoft, and Amazon, in various deals that are not fully transparent. An investigation found at least 12 publicly documented engagements since 2023, but the agreements, negotiations, and oversight behind many of them remain largely hidden from the Kenyan public. This has raised concerns about accountability and the impact on workers and the public interest.
A labour law battle involving Meta's outsourcing contractor, Sama, has highlighted the issue. In 2022, former Facebook content moderator Daniel Motaung sued Sama and Meta over working conditions. Another 43 moderators brought a case in March 2023. The workers argued that Meta, which benefited from and controlled aspects of their work, should also be held responsible. Sama was not a minor contractor in Kenya, but part of the labour pipeline that allowed a global technology company to outsource some of the most harmful work of the internet to Kenyan workers.
The Kenyan government has taken steps to address the issue, but it has been met with criticism. On November 11, 2024, the Business Laws (Amendment) Bill was published, proposing new rules for Kenya's outsourcing industry. However, the bill has been met with opposition from tech workers, who argue that companies that control or benefit from their work should also be held responsible. President William Ruto publicly stated that Sama had approached him about its legal troubles, and that the government had changed the law to protect the company.
The bill has been passed by the National Assembly, but it still awaits presidential assent. James Oyange, a former content moderator, expressed concerns that the government is taking Big Tech's side, and that workers are being left with fewer ways to hold companies responsible. Oyange fears that if technology companies can turn to the government when workers sue them, while workers are left with fewer ways to hold those companies responsible, the balance of power shifts even further away from workers.
The relationship between Kenya's government and global technology companies goes beyond the Sama case. Business Day identified at least 12 publicly documented meetings, agreements, regulatory engagements, and partnerships between the Kenyan government and Microsoft, Google, Amazon, TikTok, and Starlink since 2023. The investigation found a pattern across these relationships, with major technology companies being brought into public services, infrastructure, and policymaking, often through agreements that the public cannot see.
One example is the partnership between Microsoft and the ministry of agriculture, which aims to use technology to improve farming and food security. Microsoft would provide cloud technology for digital tools using information about weather, pests, farming inputs, and production. However, concerns have been raised about the impact of digital farming platforms on farmers and the potential for technology companies to shape agricultural policy. Research published by the Heinrich Böll Foundation warns that digital farming platforms can draw farmers into systems shaped by technology companies, agribusinesses, and philanthropic organisations.
Human rights lawyer and digital rights expert Ibrahim Oduor said that Kenya's Data Protection Act should govern how these MoUs operate. The law sets conditions for cross-border data transfers and places data protection at the centre of public and private data systems. However, cloud-first strategies complicate this, and there are concerns about accountability and the impact on workers and the public interest. The Kenyan government must ensure that these deals serve the public interest and do not compromise the rights of workers and citizens.
Key points
- The Kenyan government has engaged with global technology companies in various deals that are not fully transparent.
- The deals have raised concerns about accountability and the impact on workers and the public interest.
- The government must ensure that these deals serve the public interest and do not compromise the rights of workers and citizens.
