President William Ruto declared in December 2024, two years ago, that Kenya had “changed the law” to ensure “nobody will take you to court again on any matter,” following an approach from Meta’s outsourcing contractor, Sama, regarding its legal troubles. This extraordinary admission reveals how national legal frameworks are being systematically dismantled to protect transnational corporate interests.
The President's statement came amidst a protracted legal battle initiated by former Facebook content moderator Daniel Motaung, who sued Sama and Meta in May 2022, four years ago, over working conditions. Another 43 moderators brought a similar case in March 2023, three years ago. The Court of Appeal had, in fact, rejected Meta’s argument that Kenyan courts lacked jurisdiction over the foreign company on September 20, 2024, two years ago, affirming the workers' right to seek justice within their own nation.
However, the Business Laws (Amendment) Bill was published just two months later, on November 11, 2024. Workers attempted to halt the bill, but the high court declined to intervene in June 2026, this same year. The National Assembly passed these amendments on August 19, 2026, also this same year, and the legislation now awaits presidential assent, effectively nullifying the legal recourse of Kenyan citizens against powerful foreign entities.
This legislative maneuver is not an isolated incident. A separate Business Day investigation uncovered Kenya as a major site of “hidden and often opaque dealings” between the government and Big Tech companies. Since 2023, at least 12 publicly documented meetings, agreements, regulatory engagements, and partnerships have taken place, involving the Kenyan government and global giants like Microsoft, Google, Amazon, TikTok, and Starlink.
Elite Interests and Digital Encroachment
While national legal protections are eroded, the expansion of digital finance continues to reshape traditional economies. Absa, for instance, is aggressively growing its personal and private banking business, leveraging technology and a “customer-centered” approach. Sitoyo Lopokoiyit, who joined Absa in April 2026, this same year, as CEO of personal and private banking, aims to move the bank from a product-driven organization to one focused on customer journeys.
Absa’s active digital customer base surged 14% year on year to 5.4 million in the six months to end-June 2026, this same year. While South Africa saw a 10% increase, other African regions experienced a 21% growth, driven by digital onboarding improvements and “ecosystem partnerships.” Lopokoiyit points to Africa’s 900 million adults, only 30% of whom hold a bank account, seeing “unpenetrated opportunities” in township and rural economies. He praises fintech and mobile network operators for boosting financial inclusion in Kenya from 23% to over 80%, effectively integrating more citizens into the global digital economy.
The bank plans to abandon large, costly physical branches, favoring “differentiated points of presence” suited to a digital customer base. Absa has also signed deals with Ripple for digital asset custody services in South Africa and with Salesforce to expand its capabilities, further embedding transnational digital infrastructure into the national financial system.
Beyond finance, Big Tech’s reach extends into critical sectors. Microsoft signed an agreement with Kenya’s ministry of agriculture in 2020 to use technology for farming and food security. This partnership expanded in 2022 when AGRA joined Microsoft on a digital agriculture program, introducing Agribot, known as Kuzabot. Kuzabot can send product recommendations and allows agricultural advisers, often linked to seed, fertilizer, and pesticide companies, to advertise through bulk messages, centralizing control over agricultural information and markets. Kenya now plans a national platform for agricultural data through the Kenya Agricultural Data, Information and Digital Policy.
In August 2026, this same year, the government authority overseeing Konza Technopolis signed an MoU with Amazon Web Services to expand cloud technology in public institutions and provide training in data, artificial intelligence, and machine learning. AWS stated the MoU covers cloud skills and adoption initiatives, carries no financial commitment, and does not cover the Kenyan government’s use of any AWS cloud services, yet it solidifies the presence of a foreign entity at the heart of national digital infrastructure.
The Cost to the People
These opaque dealings raise serious questions about national sovereignty and the welfare of the native population. Digital rights lawyer Victor Kiamba highlights that Kenya’s constitution mandates public procurement to be “fair, equitable, transparent, competitive and cost-effective.” The lack of transparency in these agreements directly contravenes this principle.
Digital rights expert Irene Makau warns that legislation and agreements can “work together to make it easier for companies to operate,” implying a coordinated effort to facilitate corporate encroachment. Human rights lawyer and digital rights expert Ibrahim Oduor insists that Kenya’s Data Protection Act should govern how such MoUs operate, demanding a data protection impact assessment before any such agreements are signed. These expert voices underscore the systemic risks posed by the elite's embrace of transnational digital platforms, often at the expense of national legal integrity and citizen protection.