•This is a third of his net monthly salary of Sh21,000. He was employed on permanent terms and had worked for seven years.
•But legal pundits argue that the family should enlist a personal injury lawyer to negotiate for them against the company and insurance entities in pursuing compensation.
Image: HANDOUT
The family of Caleb Otieno, the man who melted to ashes in a Thika steel plant, will be given a monthly stipend of Sh7,000 for five years in compensation by the company.
This is a third of his net monthly salary of Sh21,000. He was employed on permanent terms and had worked for seven years.
This translates to the lump sum figure of Sh420,000 that had been indicated by media reports.
The family told the Star on Thursday that the owner of Blue Nile Rolling Mills told the family that this would be "the appropriate gesture of compensation."
Michael Orao, his counsin who has been speaking to the press on behalf of the family, told the Star that the company gave Otieno’s father Sh100,000 on March 27 when the family visited the factory.
The money helped them in affording accommodation and travel expenses.
In fact, Orao said, while the parents were still in a deep shock, the boss said that from then, he would consider Otieno's father as one of his employees and he would receive the stipend like every other employee on the payroll.
Orao said the company directed the family to pursue “meaningful” compensation from the insurance company.
"The owner of the company was the one making decisions without any other input. I think they saw how poor mzee was and decided to give the ridiculing amount," Orao said.
"They brought the motion of compensation when the family was still moved by the death. Our focus was just on the death but they chose to strike when it was still hot."
The 34-year-old man hails from the Kogony village of Kisumu. He got dragged into a metal crushing rolling mill on March 25, crushing him to pieces before dropping his body to a fiery furnace below.
But legal pundits argue that the family should enlist a personal injury lawyer to negotiate for them against the company and insurance entities in pursuing compensation.
The pundits say that the discussion about the compensations must take into account the possible life expectancy of the employee and that the calculation should cover the remainder of the possible productive life
The row has exposed the need for Kenyans to have more understanding of their entitlements in case of injury or death in the line of duty.
According Work Injury Benefits Act 2007, the dependents of the deceased man can lodge a claim for compensation within twelve months after the date of death.
The claim is lodged with the director of Occupational Safety and Health Services.
The law requires that an employer or insurer against whom a claim for compensation is lodged settle the claim within ninety days of the claim.
And when the compensation is finally given, the director is required to remit it to the dependents within 30 days.
"An employer or an insurer who fails to pay the compensation claimed under this subsection commits an offence and shall on conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding one year or to both."