An employer has a duty to report to the Occupational Health officer of any injuries to an employee within 7 days. Section 21(3) of the Occupational Safety and Health Act provides that:
“Where an accident in a work place causes non-fatal injuries to a person therein, the employer shall send to the area Occupational Safety and Health Officer, a written notice of the accident in the prescribed form within seven days of the occurrence of the accident.”
Julius Chacha Mwita v Kenya Airways Limited &another [2015] eKLR. The Court noted that that the employer had failed to act timorously to process the claim in respect of the injury suffered by the Petitioner in 2010. It was not until 2012 when the claim form was sent to the Director. As a result, the court, restated the provisions of Section 21(3) that a notice has to be sent within seven days of the occurrence of the accident. http://kenyalaw.org/caselaw/cases/view/112319
