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House help who was forced to watch couple make love awarded Sh1.27m

A Mombasa house help has been awarded Sh1.27 million by an industrial court against her former employer who terminated her employment after she turned down his uncanny sexual advances.

Industrial Court Judge James Rika directed the domestic worker’s former employer to pay the amount within 30 days.

During court proceedings, the house help recounted how her German employer patted her behind as she cleaned and took video pictures of her during “forced” shower time.

He made pornographic films with the pictures, according to the lady’s testimony.

That is not all. The German also demanded that she watches pornographic movies and have sex with him, threatening to sack her if she refused.

NAKED

The house help added that the employer would ask her to deliver coffee to his bedroom, and when she went to retrieve the empty cup, she would find him naked and having covered his manhood with the cup.

And in a bizarre revelation, the domestic worker was further required to watch her employer making love to his wife so that she could learn the art and do it when the wife was away.

The court used initials to protect the identities of the parties involved.

The foreigner, who has lived in the country for five years, was said to have been using abusive words towards the house help.

He also called her a stupid monkey, as well as telling her that Africans over-eat and she had become fat.

The court heard that the employer would touch the worker’s breasts asking if she had become pregnant and command her to bathe before entering the house.

The ruling issued on June 19 2015 read in part; “The Respondent shall, within 30 days of the delivery of this award pay to the claimant Sh1,200,000 in general damages for sexual harassment; 6 months’ salary in compensation for unfair termination at Sh60,000; and 1 month salary in notice pay at Sh 10,000 – total Sh1,270,000.”

NINE MONTHS EMPLOYMENT

The house help had worked for her employer for nine months (from September 2012 to May 2013) when her employment was unlawfully terminated.

She approached the county labour office the same month and the office wrote a letter to her employer to pay her arrears but he did not comply.

She later reported her employer’s sexual assault to the police and her employer was arrested and charged.

The house help filed her first statement on the matter in December 2013 and the employer responded in February 2014 claiming that he had never employed her though later in court he admitted to knowing her.

The employer told the court that the house help quit employment when she was asked to explain the waste of food. He failed to respond to the sexual assault claims.

His witness and partner ,who testified before the court admitted, to knowing and loving him but told the court she would not lie for him.

After the court hearing was concluded, Judge Rika further ordered the employer to issue a Certificate of Service to the house help in accordance to the Employment Act 2007 as she had worked for him consecutively for over four weeks.