A court has ordered the immediate repatriation of four Chinese nationals detained for flogging their Kenyan worker at a hotel in Nairobi.
Milimani Principal Magistrate Hellen Onkwani issued the directive on Wednesday following an application by the immigrants to be deported back to China after staying in police custody for 18 days.
The four were arrested on February 9 by officers from Directorate of Criminal Investigations (DCI) after one of them was filmed caning a Kenyan employee at Chez Wou Restaurant in Kileleshwa.
They are Mr Deng Hailan, Mr Ou Qiang, Ms Yu Ling and Mr Chang Yueping.
The four earlier opposed the deportation decision that Interior Cabinet Secretary Fred Matiang’i made on February 13.
Their lawyer Brian Onyango rushed to court and filed an application that was certified urgent by Justice Luka Kimaru, who also issued an order suspending the deportation.
When the case was mentioned on Wednesday, the immigrants vacated the application and said they had voluntarily decided to be repatriated.
The state did not oppose their decision.
“The application is allowed. They can be repatriated back to their country possibly in the next flight,” said magistrate Onkwani.
The foreigners were arrested after waiter Simon Osako Silo, filed a report at Kileleshwa Police Station.
Mr Silo told police that Mr Deng assaulted him on February 2 after claiming that he had reported to work late.
He also said he was dismissed from work and not paid his dues.
A video clip of the flogging incident circulated widely, sparking outrage among Kenyans.
“DCI officers from Kilimani proceeded to the scene following the viral video [and] arrested the suspects, case investigator, Corporal Noah Kiplagat from the Kilimani DCIO, said in court documents.
Corporal Kiplagat further said the immigrants were in Kenya illegally and that they operated a business without a work permit.
He said their visas were invalid or had expired.
Mr Deng was a chef at the hotel and was in Kenya on a visitor’s pass.
Mr Ou and Ms You had holiday visa which expired in December and November 2019, respectively.
Mr Chang also had an invalid holiday visa.
The probe extended to the Kenya Revenue Authority (KRA), the National Transport and Safety Authority (NTSA) and Nairobi County.
At the KRA, detective sought to establish whether the immigrants were filing taxes, while at the county they checked if the restaurant had been licensed.