A waiter whose video surfaced online showing a Chinese Manager flogging him now wants the court to order the Chinese Government to extradite the manager back to Kenya.

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

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

Oseko says he was assaulted severally by Hailan for no reason.

"I opened the refrigerator in the kitchen and sought to extract icecubes. In the process one icecube fell on the floor. No sooner had o 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 narrates.

He says this incident was in October last year and there are many more that were never captured.

In February this year, a colleague recorded his assault where Oseko was being flogged by the manager.

The manager was briefly arrested and later deported to China.

"I suffered trauma when I later learnt that my assailants 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, CS Fred Matiangi, IG 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 the suit," the summon reads.

The court further 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.

- The Star/ Annette Wambulwa