The Supreme Court paid an attendant who, in February 2020, was recorded being beaten at a restaurant in Kileleshwa by his supervisor, a Chinese national.
Judge Nduma Nderi ruled on Thursday, July 8 that it had been determined that the petitioner, identified in court as SOS, was being subjected to brutal treatment.
On February 2, 2020, he was attacked by D.H., his supervisor at the Chez Wou restaurant ,SOS told the court. The SOS video recorder shot by D.H, who was laughing during the incident, spread on social media, causing a riot.
SOS worked as a waitress at the establishment between October 2019 and February 2020, claiming that throughout her career at the hotel, she had been severely abused, as well as sexually abused by her supervisor,
“Repeatedly the second defendant (DH), during SOS employment, accused the applicant of wanting to have sex with him, but the applicant ignored him, whereas the second defendant threatened the applicant with serious consequences”, in a court file SOS announced.
The plaintiff said his refusal to accept D.H’s sexual harassment marked the beginning of his ordeal at the Chez Wou restaurant, which he listed as the first defendant in his case.
“Around October 2019, while on duty at 8pm, a second defendant attacked the applicant and hit him on the head with a metal spoon in the kitchen. The applicant suffered severe pain. Later, the applicant had nightmares about sexual openness and assault of the accused. second, ”SOS said in court documents.
The guardian added that the body attack continued for several days during his tenure. On other occasions, he said, he was kicked in the genitals, whipped with a wire stick and punched in the back.
“The petitioner was further persuaded to have sex with the second accused and was verbally abused, harassed and flogged in protest of the development,” Judge Nduma Nderi said.
D.H and other directors of the restaurant Chez Wou were arrested in February 2020 in connection with the tape attack.
The second respondent and his high-level associates were later released and deported without charge by a Kenyan court.
The SOS opposed the transfer of the accused and, as a result, prosecuted Home Secretary Fred Matiang’i, Inspector General of Police Hillary Mutyambai and Attorney General Kihara Kariuki.
Judge Nduma Nderi, however, ruled that the three were not obliged to respond to the SOS case, as it was the High Court that ordered the dismissal of the alleged SOS attackers.
The Chez Wou Restaurant (first respondent) and D.H (second respondent) did not submit an affidavit in response. As a result, the court ruled that the SOS allegations against the two were treated as factual statements.
In his ruling, Judge Nduma Nderi awarded SOS 3.072 million shillings for the ill-treatment and unfair termination of his employment contract.
“The applicant experienced extreme cruelty, shame, psychological pain, pain and suffering; loss of self-esteem as a result of sexual harassment, corporal punishment, verbal abuse and forced imprisonment during humiliation in front of their peers … The court gives the plaintiff a total damages of Shs 3,000,000 for this violation of human rights and fundamental freedoms, “The judge ruled.
The court also awarded 72,000 shillings (six months’ salary) as compensation for the unlawful and unfair dismissal of the summary.
The Chez Wou Restaurant will pay for SOS damages, the court found that he had a scientific responsibility for all medical treatment provided to the applicant by D.H.