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 amicus curiae.
The case was filed by Felix Kibet, who wants X Corp to be compelled to delete Kenyan accounts using aliases or unofficial names. He also seeks the removal of pornographic, hateful, or lewd content, and wants the state to ensure social media platforms comply with the Constitution.
PIN argued that the petition raises important questions about digital rights, anonymity, and privacy, and that its expertise in these areas could help the court.
It also cited its experience across Africa and said it would focus on how digital anonymity intersects with rights to free expression and privacy under domestic and international law.
The petitioner, along with the Communication Authority of Kenya, opposed PIN’s involvement, saying its submissions were partisan and failed the neutrality required of a friend of the court.
The court agreed. It cited a PIN report on online safety in Kenya as evidence that the organisation had taken prior positions related to the case.
While acknowledging PIN’s expertise, the court said there was a reasonable perception of bias. The application failed the neutrality test under Supreme Court guidelines and was dismissed.
