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An Australian nightclub has been ordered to pay $3,000 (Sh300,000) to a Kenyan student for racial discrimination.
In a ruling on Thursday, a tribunal sitting in Melbourne, Australia directed Empire nightclub to pay the amount to Ivan Kibet by December 20th.
Victorian Civil and Administrative Tribunal, Human Rights Division ruled that the club breached section 44 of the Equal Opportunity Act 2010, which states that as an employer must take action to prevent discrimination, harassment or victimisation.
Kibet, a second-year law student at Victoria University, represented himself in the matter.
“The Tribunal finds that the respondent discriminated against the applicant because of his race in contravention of section 44 of the Equal Opportunity Act 2010. The respondent must pay to the applicant the sum of $3000 by December 20,” reads the ruling.
The court heard that Kibet, alongside his caucasian friends went to the club on October 7th, 2017. However, while attendants allowed his friends into the club, the Kenyan man was denied entry.
Kibet argued that he was blocked from entering the joint on basis of his race, allegations the club denied, saying that he was stopped because the club was full.
On the contrary, the applicant dismissed the explanation noting that he saw Anglo-Australians being admitted into the club after he was blocked. The tribunal ruled in his favor.
Kibet told the tribunal: "I wanted to hide myself. I had just been treated as if I was from an inferior background opposed to all my friends and all the Anglo guests who were provided entrance."
Comments
$3000 is peanuts for the violation of the act.
The tribunal made another iteration of the same discrimination by paying the minimal to the victim. Kibet deserved more but by representing himself he may have left money on the table!
This is beyond laughable when your dignity equates to $3000.
Good job Ivan for putting up the fight! You should have been awarded $ 3 Million though.
Good try Kibet. Being a second year law student you should have some experience in the practice 😁. People get discriminated against all the time and don't do or say anything. You taught them a lesson.
Hawa ndugu na dada zetu kutoka Yuropa wana ugonjwa wa rangi (colorist). Wanakataa kumkubali na kumtambua MWUMBAJI kama asili ya kila kitu chote katika ulimwengu (universe - science) mzima. Ndiyo sababu tuna milima na mabonde (mountains and valleys), mito na bahari (rivers and oceans), jangwa na misitu (deserts and forests), wanaume na wanawake (men and women), Wajapani na Wazulu na kadhalika.
Mtu yeyote akikataa kumtambua na kumkubali MWUMBAJI (si mungu wa wakristo na waislamu - mungu wa watu wa imani hizi ni mbili ni mbaguzi kama Wanayuropa na Waarabu), anashikwa na wazimu.
Australia is not in Europe
Will there be a color blind society? I wonder.Blacks complicate matters by lightening their skin to be as close as possible to the skin color of white people.The other day I saw apost on mwakilishi describing Martha Karua as being too black and thus not beautiful...
I have pointed out on this forum many times that,its worse when your own fellow blacks discriminate you because of skin color.I am sure some of you have heard about the brown bag test when, black americans used to hang abrown paper bag by the entrance of any social gatherings.One had to put the bag next to his or her skin and if the skin was darker, their were not allowed entrance.
I am told that even thought the paper bag is no longer used, black americans are still employing colorism in their every day lives. Africans are as always aping the west and have started putting light skined africans on TV,especially as presenters...This is so unfortunate,when my religion SCIENCE,has clearly told us that the dark skin protects us from the destructive sun ,Just like a jacket would protect us from the cold.So I dont understand why a mere color is associated with ugliness...
Black is beautiful for sure.If we are not proud of our skins color why should mzungu be?
Ndugu @Maxiley:
Kila mara mimi hupenda kusoma na kujifunza kutokana na mambo unayoandika. Ningependa kuongeza ya kwamba, Wataalamu (experts) wa tabia za binadamu wanachangia (contribute) kutokana na utafiti (research) wa elimu ya akili na tabia za binadamu ya kwamba, asilimia themanini na tano (85%) ya binadamu ni wafuasi (followers). Waliobaki ni wale ambao si rahisi kuwayumbisha ( play with, confuse) akili yao.
Mimi nadhamini tofauti (diversity) ya kila kitu ulimwenguni (universe) mzima. Nilistaajabu kuona ndugu yetu katika Mwakilishi akisema ya kwamba Dada Karua ana rangi nyeusi na sura mbaya! Bila shaka huyu ndugu yetu amepigwa msasa (brainwashed) kujichukia (self hatred) na ndugu zetu kutoka Yuropa na kufikiri ya kwamba rangi yao ya waridi (pink) ni nzuri kuliko rangi zote za binadamu duniani. Ajabu ni kwamba, hawa ndugu zetu wamedanganya dunia nzima ya kwamba rangi yao ni "nyeupe" (white). Kusema kweli, rangi yao ni ya waridi (pink). Sijamwona binadamu ambaye rangi yake ni sawa na theluji (snow).
Ukitazama filamu ya "Cry Freedom," utamsikiliza marehemu Bantu Biko alipokuwa mahakmani akiulizwa na hakimu swali hili: " Why do you call yourself black, you people are more brown than black?" Biko akamjibu, " Why do you call yourself white, you people are more pink than you are white?" Hakimu alistaajabu la kisha akasema, "precisely."
Marehemu Bantu Biko Steven alisema:
" The most potent weapon in the hands of the oppressor is the mind of the oppressed."
@Maxiley you are spot on. @Imara, hebu watazame Dada zetu wa TV and you will realize that almost all of them have become whiter than wazungu. Note that this is fake whiteness chemically induced. The problem with us Africans is that we suffer from acute inferiority complex, no wonder other people treat us with little or no respect. From fake accent we adopt after staying abroad for a few months, fake hair worn by our women, to giving our children fanny sounding names, surely there must be something terribly wrong with our race. Most probably the bouncers who threw this guy out were black themselves. Have you ever noticed that whenever a white person shows up at our points service eg hotels, workers there all of a sudden become very good at customer care? Kweli iko shida.
@Njai:
Dawa ya kujipenda ni kumkubali MWUMBAJI (si mungu wa wakristo au waislamu). Mimi nadhamini (appreciate/value) tofauti zote zinazotokana na MWUMBAJI. Tofauti (diversity) ziko kila mahali. Ukijichukia, na kujaribu kuchukua sura ya mtu mwingine, unamtukana MWUMBAJI kama tunavyofanya Afrika nzima!
Kwa kawaida mimi husema, " My brain is not for rent, lease, or hire." Maana yake usidhani utakodesha akili yangu ile utie ndani takataka! Maumbile yangu nilipewa na MWUMBAJI. Jambo muhimu ninalofanya nikukubali ya kwamba tofauti zote tunazoziona na nyingi ambazo hatuzioni zote, ziliumbwa na MWUMBAJI.
We have the best human genes hata wa discriminate..lesson kwao hopefully.