NAIROBI, Kenya – A group of lawmakers has renewed efforts to pass a law that would shield whistleblowers from retaliation, aiming to strengthen the fight against corruption and poor governance in Kenya.
Led by Kitui Woman Representative Irene Kasalu, the MPs are rallying support for the Whistleblower Protection Bill, 2023, which seeks to provide legal immunity to whistleblowers and establish a Whistleblower Protection Fund.
The fund would offer financial incentives for those who expose wrongdoing, with seed funding of Sh500 million to be drawn from recovered assets.
Kasalu first introduced a similar bill in the 12th Parliament, but it failed to gain enough traction.
She argues that Kenya’s current legal framework offers little protection for whistleblowers, leaving them vulnerable to intimidation and reprisals.
“We recognize that Kenyans are already heavily taxed, so we are proposing that the fund be sustained through recovered assets from fraudulent activities,” Kasalu said during a forum organized by the Association of Media Women in Kenya.
Currently, Kenya lacks a specific law to protect whistleblowers.
The Witness Protection Act only covers individuals testifying in court, while the Bribery Act (2016) focuses solely on corruption-related cases.
Similarly, constitutional provisions under Articles 50 and 29 address fair trial rights and personal security but do not explicitly safeguard whistleblowers.
Manyatta MP John Mukunji, a key backer of the Bill, said it would also help journalists conduct investigative reporting without fear of persecution.
“Investigative journalism relies heavily on whistleblowers. This Bill ensures that journalists don’t have to flee the country for safety after exposing scandals,” he said.
Mukunji, who also chairs the Young Parliamentarians of Kenya, noted that Kenya loses billions of shillings daily to corruption.
He said the Bill would encourage employees in both public and private sectors to report illegal activities without fear.
If enacted, the law will also establish an independent commission to oversee whistleblower protection and provide mechanisms for redress.
Globally, several countries have enacted laws to protect whistleblowers.
In Africa, nations like Ghana, Tunisia, and Namibia have adopted similar legislation.
However, Tunisia’s law only shields whistleblowers in public institutions, leaving private-sector whistleblowers exposed.
