The waiter who was captured being canned by a Chinese Supervisor in a viral video last year has been awarded Sh3 million for inhumane treatment by the High Court.
In a ruling by Justice Nduma Nderi, the petitioner was subjected to inhumane treatment and sexual molestation by the supervisor. Hence, he was awarded Sh3.072 million.
The court further awarded Sh72,000 (six months’ salary) in compensation for unlawful and unfair summary dismissal.
“The petitioner suffered extreme cruelty, humiliation, psychological trauma, pain and suffering; loss of self-esteem as a result of the continuous sexual harassment, corporal punishment, verbal abuse and confinement while being humiliated in front of co-workers… The court awards the claimant general damages of Sh3,000,000 for these human rights and fundamental freedom violations,” ruled Justice Nderi.
Chez Wou Restaurant will pay the waiter the damages, as the court observed that it was vicariously liable for all the treatment meted out on the petitioner by the supervisor.
The case dates back to February 2020, where the video of the waiter who is also the petitioner being whipped threw social media into a frenzy.
In the video, the Chinese National who was a supervisor at Chez Wou restaurant in Nairobi’s Kileleshwa area was said to have punished the waiter for reporting to work late.
Worse, the supervisor was captured laughing while the waiter was writhing in pain and pleading for forgiveness.
WATCH: 'K24 Digital' has exclusively obtained a disturbing video clip showing a senior Chinese hotel officer whipping a Kenyan waiter over allegations of reporting late to work. The video was recorded at Chez Wou Restaurant in Kileleshwa, Nairobi last week. pic.twitter.com/CTIns3wOyn
— K24 TV (@K24Tv) February 8, 2020
In documents presented in court, the waiter narrated that he was physically assaulted by the supervisor and was subjected to inhumane treatment.
The waiter further recounted that he had been through worse inhumane treatment from the supervisor having worked in the restaurant from October 2019 until February 2020.
He added that he was sexually molested on constant occasions and his refusal to accept sexual advances made things worse for him.
“The second respondent in the course of employment pursued the petitioner several times seeking to have anal sex with him, but the petitioner ignored him, upon which the second respondent threatened the petitioner with dire consequences,” read the documents in part.
The documents added, “On or about October 2019, while on duty at around 8 pm, the second respondent attacked the petitioner and hit him on his head with a metallic cooking spoon. The petitioner suffered acute pain. Later, the petitioner experienced scary dreams at night about the sexual overture and attack by the second respondent.”
Thus, the petitioner complained that the physical assault continued on diverse dates throughout his employment with the viral video being the final nail on the coffin.
The supervisor and his Senior, another Chinese National, were however already deported out of the country shortly after the viral video.