The People’s Republic of China has 14 days to respond to a case in which it has been sued over the conduct of its citizen accused of whipping a worker in Nairobi. If it fails to do so, the Employment and Labour Relations Court will enter judgement without its input in the case filed by Simon Siro, who claims his rights were violated by Deng Hailan.
Interior Cabinet Secretary Fred Matiang'i, Inspector General of Police Hilary Mutyambai and Attorney General Kihara Kariuki will also suffer the same fate if their responses are not filed within the stipulated period. Justice Nduma Nderi said the matter will be mentioned on January 25 to confirm compliance and for taking a judgement date.
This after Siro, through lawyer Stephen Mogaka, told the court that the period given for the defendants to give their side of the story had lapsed. Only Chez Wou Restaurant Ltd, where the incident took place, has filed its response. In a video that went viral in October last year, Hailan was seen beating Siro as other staff watched from a distance.
Milimani Principal Magistrate Hellen Okwani then gave police 15 days to investigate the incident. Hailan was subsequently deported in March aboard a Chinese Southern Airlines on Matiang'i's orders. This decision returned to haunt the government after Siro moved to the High Court seeking for extradition orders against Hailan for violating his rights.
Siro claimed that by not subjecting his attacker to the Kenyan criminal justice system even after the incident in question was publicised in the social and mainstream media, the CS, National Police Service and the restaurant’s management had contributed to his violation. Siro, who lost his job after the incident, also wants the court to issue a declaration that Hailan sexually harassed and subjected him to torture and indecent treatment.