Hon. Dr. Irene Kasalu Champions Landmark Whistleblower Protection Bill to Combat Corruption and Safeguard Accountability

A group of MPs has vowed to marshall support to pass a Bill seeking to protect whistleblowers to tame corruption and bad governance.

Kasalu first brought the Whistleblower Protection Bill in the 12th Parliament but did not get enough support to get to the second stage.

Currently, there is no specific law governing whistleblowing.

Kenya only has the Witness Protection Act, which only takes care of witnesses and leaves out whistleblowers.

On the other hand, the Bribery Act 2016 only addresses corruption and lacks access to information while articles 50 and 29 of the constitution only address the right to fair hearing and freedom and security of a person.

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

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Allies of Kasalu said they hope the Whistleblower Protection Bill, 2023 Bill will be enacted into law by the end of the year.

The Bill, among other issues, wants whistleblowers to be given immunity from civil and criminal liability in relation to disclosure and protection against reprisal.

It also pushes for the establishment of an independent commission to give whistleblowers sufficient mechanisms for redress and establish a Whistleblower Protection Fund.

Kasalu explained that the fund will be used to reward whistleblowers, which will in turn motivate others to expose corruption and bad governance.

“We are cognizant of the fact that Kenyans are taxed highly. That is why we are only asking for a seed money of Sh500 million to start the fund after which it will be run by assets recovered from fraud,” Kasalu told a meeting organised by the Association of Media Women in Kenya.

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Manyatta MP John Mukunji said the Bill will not only expose corruption but also help journalists to do investigative stories.

“Investigative stories largely rely on whistleblowers to be told and the bill supports this work. With this Bill, we will not whisk journalists to outside countries to seek asylum,” he said.

Countries that have passed similar legislation include Ghana, Tunisia and Namibia.

In Tunisia however, the law only protects whistleblowers in public institutions and not private.