LABOUR ABUSE

Waiter wants Chinese who flogged him extradited

Oseko says it was wrong for the manager to be deported without facing assault charges.

In Summary
  • In February, a colleague recorded his assault where Oseko was being flogged by the manager.
  • Court directS Chinese government, Chez Wou Restaurant, Interior CS Fred Matiangi, the IGP and the former manager to enter appearance within 15 days.
Milimani law court/FILE
Milimani law court/FILE

A waiter whose video surfaced online showing a Chinese manager flogging him wants the court to order the Chinese government to extradite the manager to face charges.

Simon Oseko wants Chez Wou Restaurant manager Deng Hailan who was deported early this year brought back to be charged with assault.

Through lawyer Stephen Mogaka, Oseko says it was wrong for the manager to be deported without facing charges.

 
 
 

Oseko says he was assaulted several times by Hailan for no reason.

"I opened the refrigerator in the kitchen and sought to extract ice cubes. In the process one ice cube fell on the floor. No sooner had I bent to pick the fallen cube than Hailan attacked and hit me on my head with a metallic cooking spoon while shouting words that sounded as follows,'kwa map chi', why drop the ice cubes," Oseko narrated.

He says the incident happened in October last year but there are many more that were never captured.

In February, a colleague recorded Oseko being flogged by the manager.

Oseko says that on February 1 while he was cleaning the restaurant Hailan, while carrying a wire rod, cornered him and ordered him to lean against a bench and whipped him.

He claims that he had no choice but to obey the command because he had been threatened. He was whipped twice as he pleaded with the manager not to break his backbone.

Oseko says he suffered acute injuries on his buttocks and back that rendered it impossible for him to work  or do anything including going for long calls.

 
 
 

The matter was reported to the police and the manager was briefly arrested and detained at Kileleshwa police station but, according to Oseko, Hailan was released and deported without charge.

"I suffered trauma when I later learnt that my assailant had been deported from the country without first being charged and prosecuted," Oseko says.

The Employment Court has directed the Chinese government, Chez Wou Restaurant, Interior CS Fred Matiang'i, the IGP and the former manager to instruct lawyers to represent them within the next 15 days.

"You are hereby required within the 15 days from date of service to enter an appearance in the said suit," the summons reads.

The court ruled that should they fail to enter an appearance within that time, Oseko may proceed with the suit and judgement may be given in their absence.

Edited by Henry Makori