Unpermitted in Kenya: Migrant moderators face work-permit crisis

Foreign content moderators working for major social media and AI platforms through Nairobi-based outsourcing firms say they have been left in legal limbo for months and, in some cases, years, after being brought into Kenya on short-stay business visas instead of proper work permits. The dispute burst into the open following legal filings in Nairobi and a court ruling in 2023 that reshaped responsibility for these workers, who review the most graphic content for companies including Meta, TikTok, and OpenAI. Many moderators described a daily cycle of viewing disturbing material while fearing deportation, all while waiting for promised permits that never arrived.

Recruitment, visas, and the legal limbo

The moderators, recruited from across Africa and beyond, say they moved to Kenya on the basis of written and verbal promises that employers would secure work authorization and keep it current. Instead, they received business visas, which do not allow paid work.

Without work permits, these workers:

• Lack legal status to remain in the country.
• Cannot access standard labor protections.
• Are exposed to sudden removal by immigration authorities.

Several moderators said they faced a choice between staying in a job that harms their mental health or losing their income and residency. According to analysis by VisaVerge.com, obtaining a work permit in Kenya has become harder in recent years for international staff across multiple sectors, intensifying uncertainty for content moderators.

Allegations against contractors and the recruitment promise

The central allegations focus on outsourcing operations connected to Sama, a contractor that recruited and housed teams who moderate posts and videos for platforms that want harmful content removed quickly. Workers say they arrived expecting sponsorship for permits, only to learn that applications were pending indefinitely or never filed.

Key points from their claims:

• Some staff relied on work authorization to remain in the region as corporate clients shifted strategies.
• Many were told, “we were told permits would come in a matter of weeks,” but many never did.
• The lack of permits put them at continuous risk while on shift.

Living conditions and cultural concerns

Legal filings described living arrangements that added to the pressure on migrant workers:

• Shared housing with little notice and strangers.
• Allegations of unsafe and culturally insensitive arrangements:
  • “Male migrant petitioners were forced to live in the same house as female migrant petitioners. This also applied to Muslim migrant petitioners whose religion prohibits such living arrangements.”
• Workers felt misled: they uprooted lives based on promises of stable jobs and lawful status, only to find their stay hinged on temporary visas that prohibited employment.

Mental-health impact of moderation work

The nature of the job exacted a serious psychological toll. Moderators reported:

• Insomnia, hallucinations, depression, paranoia, panic attacks, anxiety, and recurring flashbacks.
• Nightmares where images from shifts blended with real life.
• Many stayed because they needed the paycheck despite the harm.

Pay and support details:

• Reported pay: 40,000 shillings per month, plus an extra 20,000 shillings for non-Kenyans.
  • This is more than double Kenya’s minimum wage, but moderators said it did not address the psychological damage.
• Mental health support was described as inadequate:
  • “Wellness counsellors” provided brief, generic interviews with limited follow-up.
  • Concerns about privacy and potential job repercussions discouraged disclosure.
• Informal coping strategies included cannabis use and watching horror films off-shift—survival tools rather than genuine solutions.

Legal action and the 2023 landmark ruling

Long-simmering complaints reached the courts in May 2022 when former Facebook content moderator Daniel Motaung filed suit in Nairobi. The case later grew to include 43 former moderators.

• In June 2023, Judge Byram Ongaya of Kenya’s Employment and Labour Relations Court issued a landmark decision that found Facebook to be the “true employer” of its content moderators in Kenya, not the outsourcing contractor.
• The ruling said Facebook (Meta Platforms) bears legal responsibility for these workers.
• The decision has reverberated across the outsourcing sector, raising questions about contracts, costs, and duty of care.

Since the ruling:

• Settlement talks between Meta and the Kenyan moderators have broken down.
• The moderators are seeking 140 million shillings each in compensation.
• They also seek a declaration that recruitment by Meta Platforms, Meta Platforms Ireland, and Sama amounted to human trafficking for forced labor—a characterization the companies have not accepted.

The case now sits at the intersection of Kenyan labor law, immigration rules, and the global push by U.S. companies to scale up content moderation.

The core problem: missing work permits

The status gap created by missing work permits remains central. Without a permit, a foreign national in Kenya:

• Cannot lawfully work.
• May struggle to access housing leases, bank accounts, or health coverage.
• Lives under the constant fear of immigration checks.

Moderators described:

• Stress of renewing short-stay visas while working full time.
• The shock of realizing that an employer’s promise to “handle the paperwork” did not mean a valid permit.
• The Kenya Directorate of Immigration Services sets rules for foreign labor authorization and outlines permit classes and eligibility criteria on its official website. Workers and employers can find guidance at the exact government page: Kenya Directorate of Immigration Services – Work Permits.

Pay disparities and the “equal pay” debate

Across the system, pay and treatment have been flashpoints:

• Researchers documented pay gaps for African content moderators compared with peers elsewhere, even when handling the same or worse content.
• Some expatriate moderators reported receiving only 50,000 shillings extra despite screening the worst videos and posts.
• Tech firms point to pay that is high relative to local wages, citing multiples above average earnings in Kenya.
• Workers, labor lawyers, and academics counter that this ignores equal pay for equal work, especially given the psychological hazards and speed/accuracy demands.

The bigger context: demand for moderation vs. worker protections

The Kenya-based outsourcing model emerged to help global platforms meet demands from policymakers, including those in the United States 🇺🇸, to remove illegal content and reduce online harms. Kenyan leaders have welcomed foreign tech investment and the jobs it brings.

However:

• The mix of political pressure, corporate targets for rapid response, and the national push to attract international companies has created gaps where worker protections lag.
• For foreign moderators, the lack of a permit means constant fear: one checkpoint, one inspection, or one expired visa could upend their lives.

How immigration uncertainty shaped behavior and choices

Moderators described how trauma exposure combined with immigration uncertainty influenced daily life:

• Avoiding reporting health symptoms for fear that gaps in attendance would jeopardize visas.
• Declining to move apartments or open bank accounts in their own name anticipating a quick exit.
• Sending larger portions of pay home “just in case” they were forced to leave.

For a workforce continually exposed to violent material, the added stress was described as crushing.

Employers’ stance and the moderators’ proposed solution

Employers have highlighted:

• Wellness programs, training, and pay above the minimum as evidence they are meeting obligations.

Moderators and their lawyers argue:

• None of those measures matter without legal permission to work and clear accountability for employment conditions.
• The June 2023 ruling placed responsibility on the platform itself and has become a reference for labor advocates worldwide.

Their proposed practical solution is straightforward:

1. Stop bringing foreign staff on visas that do not allow work.
2. Secure proper work permits before the first shift through employer sponsorship and correct filings.
3. Communicate clearly with staff about status and renewals.

These steps are reflected in Kenya’s official immigration guidance, but moderators say the missing element has been the will to treat them as non-negotiable.

Until that happens, foreign content moderators in Kenya remain caught in the same loop: graphic videos, sleepless nights, and uncertain status, all while waiting for work permits that still haven’t come.