- Oginde and Mbarak said the absence of the law has deterred public officers from revealing graft in government.
- Oginde said the Whistleblower Bill, 2024, has been published and is open for public participation.
Image: ENOS TECHE
The anti-graft agency has urged Parliament to pass a whistleblower protection law to boost the fight against wanton theft of public resources.
Ethics and Anti-Corruption Commission chairman David Oginde and CEO Twalib Mbarak said the absence of the law has deterred public officers from revealing graft in government.
The anti-graft chiefs spoke during the commemoration of Africa's anti-corruption day at Radisson Blu in Nairobi on Thursday.
“The commission calls upon the National Assembly to prioritise enactment of the Whistleblowers Protection Bill,” Mbarak said.
This would encourage more Kenyans with information on corruption and unethical conduct to report without fear of adverse consequences.
Oginde said the Whistleblower Bill 2024, has been published and is open for public participation.
“For whistleblower laws to be effective, the public must be aware of them and trust the mechanisms in place,” he said.
Oginde said whistleblowing in the country is affected by a trust deficit in public institutions.
He said some heads of ministries, departments and agencies in government attempt to obstruct or frustrate the practice.
“The truth is that for Kenya to overcome the challenge of corruption, all state and non-state actors must play their roles in weeding out corruption and putting in place mechanisms for whistleblower protection to enhance good governance,” Oginde said.
Politicisation of corruption and court orders have also obstructed the fight against the vice, as has inadequate leadership commitment, where people under investigation are appointed to public offices.
“There is a trend where high-profile suspects use court orders to delay and derail ongoing law enforcement and judicial processes,” Oginde said.
The EACC boss also blamed Parliament for the weakening of anti-corruption laws.
He cited the Conflict of Interest Bill, 2023, which he said has been "mutilated" to allow state officers to do business with the government.
“Removal from the Conflict of Interest Bill provisions requiring suspension of state officers while being investigated is draconian as their continued stay in office will undermine law enforcement,” Oginde said.
Also weakened is the Anti-Corruption and Economic Crimes Act, which sought to decriminalise procurement offences, despite procurement malpractices accounting for more than 90 per cent of corruption cases in the country.
Mbarak said public institutions have been advised, as a preventive measure, to establish mechanisms, including policies, procedures and tools to encourage whistleblowing.
“Whistleblowing is a critical source of information about the secretive acts of corruption, perpetrators and the schemes employed to defraud the public,” he said.
“As a commission, we have adhered to the principle of confidentiality as a key attribute in our operations.”
He urged Kenyans, including the young people who are voicing various concerns, to make the fight against corruption part of their business.