Enact laws to protect whistleblowers, lobbyists urge State

Lobbyists are pushing for the formulation and enactment of legislation to protect whistleblowers.

They said the laws will not only fight corruption but strengthen good governance.

Kenya currently has no specific laws governing whistleblowing. The country is relying on indirect laws such as Article 50 and Article 29 and Bribery Act, 2016 and the Access to Information Act, 2016.

Others are international treaties such as the International Covenant on Civil and Political Rights, Article 19 and the United Nations Convention Against Corruption.

However, two bills that seek to protect and encourage whistleblowers are currently in Parliament.

The whistleblower bills are sponsored by Kitui MP Irene Kasalu and Nominated Senator Gloria Orwoba.

Transparency International Programmes Officer Samuel Komu said they are working with other stakeholders to consolidate the two bills.

“We need one strong document and that is why we are working with the Attorney General’s office to come up with one document,” he said.

The partnership will see the parties resolve some of the differences in the two bills such as the custodian of the law and rewarding whistleblowers.

“One of the bills wants EACC as the body to implement the law while the other wants the office of the Ombudsman as the custodian. But these are things we are working on with all the parties and we will agree on how to move forward,” Komu said.

Some of the key issues the bills seek to address include protecting whistleblowers, strengthening and financing institutions that work with whistleblowers and rewarding whistleblowers.

They also seek to protect whistleblowers from victimisation and lawsuits.

“We know the case of John Githongo who was ordered to pay Sh10 million by court for whistleblowing and the Mara University whistleblower Spencer Sankale who was sacked,” Komu said.

“We want more people to come out and speak about corruption. Without proper laws, this may not happen and the country risks being run down by corruption,” Komu said.

Association of Media Women in Kenya executive director Queenter Mbori said it is time whistleblowers are protected.

“Despite their vital role, whistleblowers often face intimidation, harassment, and even violence. Many people fear reporting corruption cases due to potential harassment, reprisal and fear of victimisation,” she said.

“On the other hand, we should celebrate the courage and resilience of Kenyan whistleblowers – individuals who speak truth to power, often at great personal risk. They are the backbone of accountability, exposing corruption, wrongdoing and injustice within our institutions.”