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Google Kenya Ltd, the marketing company of global technology giant Google LLC now wants the High Court in Nairobi to dismiss a lawsuit filed against it on alleged invasion of privacy and breach of data protection rules.

In papers filed in court, the firm wants the case thrown out on grounds the petitioners led by African Centre for Corrective and Preventive Action, a rights lobby group wrongly sued it since it does not store data of internet and smart phone users.

“A clear examination of the petitioner’s ICT Expert Report confirms that the Google services, which are the subject of these proceedings, are indeed provided by Google LLC. Therefore, based on the Petitioner’s own explicit admission, it is an undisputed fact that the services are offered by Google LLC and not by Google Kenya,” says the company through Kaplan & Stratton Advocates.”

According to the law firm, Google Kenya is not the entity responsible for providing Google services and that it lacks capacity to comply with the orders sought by petitioners.

Stating that Google Kenya is separate and distinct from Google LLC, the advocates explained that their client is a limited liability company incorporated in Kenya and that it carries on the business of marketing support services, research and development.

“Google LLC is a company incorporated in Delaware, US, with its principal place of business in Mountain View, California, US. Google LLC does not have any branches or operations in Kenya. Google Kenya is a separate legal entity from Google LLC,” it says while urging the court to reject the lawsuit.