Court Awards KSh 3m to Kenyan Man Who Was Whipped by Chinese Employer

– Simon Oseko was captured on camera being beaten by his Chinese employer Deng Hailan in February 2020

– The victim worked at Chez Wou Restaurant in Kileleshwa for three months when the incident happened, sparking public outrage

– Oseko had moved to court and accused Interior Cabinet

Secretary Fred Matiang'i and other government officials of

violating the law by deporting the foreign national

– Justice Mathews Nderi ruled the Chinese national violated

Oseko's rights and illegally dismissed him from his job

A Kenyan man whose video being whipped by a Chinese

employer, Deng Hailan, went viral, has been awarded KSh 3.07

million by Employment and Labour Relations Court Judge Mathews Nderi.

Deng Hailan was arrested and later deported. 

The judge ruled the Chinese national violated Simon Oseko's

rights and illegally dismissed him from his job at Chez Wou

Restaurant in Kileleshwa.

Justice Nderi said the petitioner (Oseko) was also a victim of

sexual assault from Hailan.

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“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.

The victim had worked at the eatery for three months when

the incident happened sparking outrage.

Justice Nderi cited extreme cruelty, humiliation and

psychological trauma as the main reasons that led made him

to reach the decision to award Oseko.

Oseko's suit

The victim had moved to court and accused Interior Cabinet

Secretary Fred Matiang'i and other government officials of

violating the law by deporting the foreign national.

In court documents filed at the Court, Oseko sued his former

manager arguing that the failure to subject his assaulter, Deng

Hailan, to the Kenyan justice system was a violation of the

law.

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In his suit, Oseko claimed he was subjected to torture and

indecent treatment adding that he was sexually assaulted by Hailan

He claimed that Hailan had made sexual advancements in 2019 when he was working at the hotel.

He 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 and

not following the legal procedure and dismissing him without his KSh 12,000 monthly salary. Hailan, 3 others deported

A Nairobi court later ordered the deportation of Hailan and

three other Chinese nationals who worked at the restaurant.

The four had made an application for repatriation on Tuesday,

February 25, 2020, saying they had suffered enough after their apprehension.