A Kenyan man who was whipped by a Chinese employer in Nairobi last year has been awarded Ksh3.07 million in damages by the Employment and Labour Relations court.
Simon Oseko was filmed secretly as his Chinese employer Deng Hailan from Chez Wou Restaurant caned him.
In his ruling, Justice Mathew Nderi said Oseko’s rights were infringed on by caning and being dismissed without reason.
He said Oseko was a victim of an assault by his employer.
“The petitioner was, in addition, cajoled to engage in sex with the second respondent and was threatened verbally, abused and given corporal punishment upon resisting the advances,” the judge said.
Oseko had worked at the eatery for three months when the incident happened, sparking outrage.
The judge cited extreme cruelty, humiliation, and psychological trauma as the main reasons for the award amount.
The victim moved to court and accused Interior Cabinet Secretary Fred Matiang’i and other government officials of violating the law by deporting foreign nationals.
In court documents filed at the Court, Oseko sued his former manager, arguing that the failure to subject his assaulter, Hailan, to the Kenyan justice system was a violation of the law.
Oseko also sued the hotel for issuing him with public health certificates mandatory for a food handler without signing a work contract.
He accused the management of having hired him orally, not following the legal procedure, and dismissing him without his Ksh 12,000 monthly salary.
The government deported the rogue Chinese employer because he was in the country illegally.