Family rejects Sh2 million compensation for kin’s death
The family of the late Caleb Otieno, who died after falling into a metal boiler at a Thika factory, through their lawyer, are demanding a compensation of at least 20 million.
The company initially offered Sh420,000 compensation and later increased it to Sh2 million hoping that the family would agree to the terms.
The family, through its spokesperson, Otieno’s brother John Agwambo, said that the talks between them had not been fruitful and hence the need to have the court’s intervention for a lasting solution.
He also said that the Blue Nile Rolling Mills, through its HR, had given a breakdown of how it came up with the Sh2 million.
Considering that Otieno’s salary was Sh21,000, the HR was willing to pay the salary for the next 8 years.
“With reference to the accident that occurred on 25.3.2022 to Caleb Otieno Ororo employed by you as furnace charger, the compensation payable to the employee is assessed at Sh2,029,248.00 calculated as follows.
In respect of 100 percent permanent disablement…100 percent of 96 months total earnings of Sh21,000,” the letter read in part.
Lawyers and HR practitioners had been outraged by the initial offer given by the company.
Lawyer Donald Kipkorir, as quoted by a local daily, advised the deceased’s family not to accept anything less than Sh20 million as compensation.
“The compensation, the family of Caleb Otieno, who died a horrible death in the Blue Nile Rolling Mills, Thika, ought to be paid under Law Reform Act, Cap 26 and Fatal Accident Act, Cap 32, if Otieno worked up to 60 years is Sh21,000 x 12 x 1/3 x 35 = Sh2,940,000,” Kipkorir said.
“The above computation is for loss of life and expectancy. His family is also entitled to general damages for pain and suffering.
This is the discretion of the court… the compensation in total is well over Sh20 million,” Kipkorir added.
The lawyer was adamant that Caleb would have worked for at least another 35 years, and therefore, the company needed to ensure that he was given his proper dues.
