moderators were based in their Nairobi office. 112. Counsel submitted that the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules, 2013 although allows for striking out of a petition, the same is to be done in limited circumstances where there is demonstrable abuse of the court process which the respondent did not establish. Moreover, it was underscored that the respondent had not denied the existence of a cause of action in this matter. 113. Reliance was placed in DT. Dobie & Company Limited v Joseph Mbaria [1982] I KLR where it was held that: “no suit should be summarily dismissed unless it is so hopeless that it disclose no reasonable cause of action. Where a suit can be injected with a semblance of a cause of action through amendment then the court should lean towards maintaining the suit.” 114. Counsel further submitted that the respondent had admitted that it was carrying out content moderation services concerning certain language-specific content in Africa within Kenya until March 2023. It was asserted that this makes it evident that this Court has jurisdiction and is the proper forum. Reliance was placed in Alfred N. Mutua v Ethics & Anti-Corruption Commission (EACC) & 4 Others [2016] eKLR where it was held that: “We find that the applicant is entitled in law to institute proceedings whenever there is threat of violation of his fundamental rights and freedoms or threat of violation of the Constitution. Whether there is a threat of violation is a question of fact and evidence must be adduced to support the alleged threat.” 115. Counsel also submitted that the Court of Appeal in Meta Platforms, Inc & another v Samasource Kenya EPZ Limited t/a Sama & 185 others; Central Organization of Trade Unions Kenya & 8 others [2023] KECA 999 (KLR) denying the jurisdiction allegation held that: “Also not arguable is the ground that the Constitution does not apply to the applicants because they are foreigners. To our mind, the Constitution binds every person within the Republic and obligates every person to observe and respect it.” 116. Additional dependence was placed in Fanikiwa Limited & 3 others v Sirikwa Squatters Group & 17 others [2023] KESC 105 (KLR). Analysis and Determination 117. Arising from various standpoints taken by the respective parties herein, the Court identified the following issues: i. Whether the respondent’s application to strike out the instant petition is merited. ii. Whether the petition dated 14th December 2022 raises substantial questions of law to warrant certification to the Chief Justice for the empanelment of an uneven number of Judges to hear the Petition Whether the respondent’s application to strike out the instant petition is merited. 118. Striking out of pleadings is a procedure by which the Court is moved to strike out defective pleading or to cause an amendment where an amendment can cure it. It could be for the reason that the particular pleading does not disclose a reasonable cause of action or defence in law; is scandalous, frivolous or vexatious, or is intended to embarrass or delay the fair trial or is otherwise an abuse of the court process. This procedure is available to ensure that the case is presented fairly to allow the Court determine the issues in dispute. It is a power that the Court exercises sparingly with abundance of caution as it is a procedure that may summarily sending away a party from the seat of justice without a trial on merits. The Judiciary of Kenya Doc IDENTITY: 2256051208128601561718914604 Tracking Number:OOEX9A2025 17/23