Counties

Chinese hotel to pay ex-worker Sh3m for caning

High Court judge Mathews Nderi Nduma.

Justice Nduma Nderi. NMG PHOTO

The management of a Chinese restaurant based in Nairobi’s Kileleshwa will pay a former Kenyan worker Sh3.07 million for allowing him to be mistreated and for summarily sacking him after reporting to the police.

The man, identified as SOS because he was a victim of sexual violence, was captured on a mobile phone camera being whipped by the head cook, for allegedly refusing sexual advances. The management later said he was late for work.

The video caused an uproar and the Chinese cook and three others were deported on orders of the High Court.

The court said the restaurant “fostered an enabling environment for the inhumane, cruel and demeaning assaults on the petitioner to take place continuously.”

The court questioned the audacity of the management to summarily dismiss the victim for reporting the crime.

The judge said the dismissal was a violation of his rights and against the Employment Act and therefore entitled to compensation. He said the victim was not only sexually molested and physically assaulted continuously but was also tortured psychologically.

Employment and Labour Relations court judge Mathews Nderi directed the management of the restaurant to pay the victim for condoning acts that violated the man’s rights.

“The petitioner was in addition cajoled to engage in sex with the 2nd respondent and was threatened verbally, abused and given corporal punishment upon resisting the advances by the 2nd respondent,” the judge said.

Justice Nderi said the victim suffered extreme cruelty, humiliation, psychological trauma, pain and suffering as a result of continuous sexual harassment, corporal punishment and verbal abuse, while being humiliated in front of co-workers.

Through lawyer Steve Mogaka, the victim also sued CS Interior, Inspector General of police and the Attorney General but the court said there was no evidence that they condoned the violations. Evidence presented to court showed that the man was employed as a waiter for a monthly salary of Sh12,000.