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Kenyan Man Whipped by Chinese Chef at Nairobi Restaurant Awarded Sh3.07 Million
A Kenyan man who was filmed being whipped by a Chinese national at a Nairobi restaurant last year has been awarded Sh3.07 million in damages.
Simon Oseko was awarded compensation by Justice Mathews Nderi of the Employment and Labor Relations Court.
The judge on Friday ruled that Oseko’s rights were violated and that he was unlawfully dismissed from his job at the Chinese restaurant where he worked as a waiter.
The court also noted that the petitioner was a victim of sexual assault by his Deng Hailan, who was captured on camera caning him at Chez Wou Restaurant in Nairobi’s Kileleshwa area.
“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.
A video showing Hailan, who worked as a chef at the restaurant, whipping Oseko went viral on social media in February 2020 sparking outrage.
Justice Nderi cited extreme cruelty, humiliation, and psychological trauma as the main reasons for the awarding of the damages.
Oseko had sued Interior CS Fred Matiang’i, Inspector-General of Police, the Attorney-General, and the Chinese government for failing to subject the suspect to the Kenyan justice system.
He also sued the Chinese restaurant for failing to give him an employment contract, stating that he was hired orally and was dismissed without his Sh12,000 monthly salary.
Hailan was deported alongside his of his Chinese three co-workers following an order by CS Matiang’i. The suspect was found without a valid work permit.
