Why Kenya Needs A Comprehensive Whistleblower Protection Law

Kenya does not have a compressive legislation to protect whistleblowers leading to many Kenyans who would like to bring corruption cases on the surfaces to recoil and keep it themselves according to Wakesho Kililo from Transparency International Kenya.

“Kenya has so many laws that seem to tailor towards witness or whistleblowing but we do not have a comprehensive law or legislation that solely focuses on whistleblowing. This what we need,” said Wakesho.

Article 10 of the Constitution provides for national values and principles of governance including integrity, transparency, and accountability. Chapter 6 of the Constitution captures the spirit of whistle-blower protection.

The Anti-Corruption and Economic Crimes Act No. 3 of 2003 is the main Act that contains corruption offenses, however, it does not mention the role and protection of whistleblowers in combating corruption.

“Whistleblowers go through a myriad of challenges. Some are threatened, fired from their jobs, and sadly, we have seen most of them getting killed. We need something that will assure them of their safety,” Wakesho added.

Wakesho says Parliament needs to pass a whistleblower protection law. The proposed law has lagged for years. “That bill has been a bill for so many years. It is about time Parliament made it a reality. We really need it as a country,” she added.

According to Wakesho, there is a need to review and amend all existing laws dragging Kenya being behind. She says there are laws that criminals use to mask themselves and to punish those who tell on them. She says such archaic laws need to be changed.

“More awareness needs to be done by all stakeholders to ensure such issues are addressed amicably. Media is a good avenue to create awareness. Kenyans need to know why it is good to come out and speak,” she said.

Founded in 1999 in Kenya, TI-Kenya is a not-for-profit organization with the aim of developing a transparent and corruption-free society through good governance and social justice initiatives.

TI-Kenya is one of the autonomous chapters of the global Transparency International movement that is bound by a common vision of a corruption-free world. The global movement provides a platform for sharing knowledge and experience, as well as developing strategies to respond to regionally distinct patterns of corruption.