This archive report was first published on 13 July 2021.
On July 8, 2021, the Employment and Labour Relations Court delivered justice to a Kenyan worker who was brutally caned by his Chinese boss at Chez Wou restaurant in Kileleshwa in February 2020.
The 23-year-old waiter, identified as SOS, had worked at the restaurant between October 2019 and February 2020, earning Sh12,000 per month.
According to the court ruling, SOS was subjected to inhumane treatment, including physical assault and sexual molestation by his supervisor, Deng Hailan.
Justice Nduma Nderi ruled that SOS suffered extreme cruelty, humiliation, psychological trauma, pain and suffering, loss of self-esteem as a result of continuous sexual harassment, verbal abuse, and confinement while being humiliated in front of his co-workers.
The court awarded SOS Sh3.072 million for the inhumane treatment he was subjected to and the unfair termination of his employment contract.
Justice Nduma awarded Sh3 million in general damages for human rights and fundamental freedom violations and Sh72,000 (six months' salary) in compensation for unlawful and unfair summary dismissal.
Chez Wou Restaurant, the first respondent in the case, will pay SOS the damages.
Meanwhile, the Chinese national Deng Hailan and three other administrators of Chez Wou Restaurant were deported shortly after they were arrested.
