By Arasha Soila, Nairobi
A new legislative effort in Kenya is gaining traction with the Whistleblower Protection Bill, spearheaded by Dr. Irene Kasalu, Women Representative of Kitui County. The bill recently passed the budget approval stage and aims to create a safer and more supportive environment for individuals who report on corruption and other unethical activities.
Proponents emphasize the bill’s crucial role in promoting good governance and accountability in both the public and private sectors.
Speaking during a convening held by the Association of Media Women in Kenya, aimed at discussing the role of media in promoting transparency and accountability, Hon. Kasalu stressed the urgent need for broad support to ensure the bill’s enactment.
“We need strong advocacy from all stakeholders – government officials, civil society, and the media – to push for this bill,” she stated. She explained that a lack of legal protection often discourages potential whistleblowers due to fears of retaliation.
The proposed legislation offers several key safeguards for whistleblowers. It protects both the primary whistleblowers and those assisting them from retaliation, ensuring they won’t face unfair treatment or punishment for speaking out. It also guarantees confidentiality and immunity, promising to keep their identities secret and protect them from legal action. Further, it will be easier to report illegal activities, as the bill outlines clear reporting mechanisms to various authorities.
Recognizing the risks whistleblowers undertake, the legislation also creates a reward fund to compensate those whose information leads to significant outcomes, like arrests and convictions in corruption cases.
Queenter Mbori, Executive Director, AMWIK, underscored the importance of the Whistleblower Protection Bill as a significant stride toward shielding journalists, whose role in exposing corruption and unethical practices is paramount. She cautioned, however, that the mere existence of legislation is not enough to guarantee success.
“Investigative journalism has consistently proven its effectiveness in unveiling complex financial crimes, from tax evasion and money laundering to the misappropriation of public resources. Despite their crucial contributions, many journalists operate without adequate protection, often lacking the necessary resources and legal support to navigate the inherent risks of their work,” she noted.
She further emphasized that strengthening investigative capacity is crucial for effective journalism stating that while investigative reporting has been instrumental in exposing financial crimes, systemic inefficiencies and corruption remain significant barriers to progress. “Increased tax budgets without addressing inefficiencies and corruption may only worsen economic inequality,” she concluded.
Speaking on the importance of the bill Hon. Gitonga Mukunji, Chairperson, Kenya Young Parliamentarians Association said that the media plays a critical role in upholding democracy and ensuring transparency and accountability within the government, and is an important watchdog.
“Our country is losing close to Kshs 2 billion due to corruption, the bill will therefore ensure both the government and private sector are held to account” Gitonga said.
The Whistleblower Protection Bill represents a significant step towards combating corruption and promoting ethical conduct in Kenya. Strengthening these protections can lead to increased reporting of Illicit Financial Flows (IFFs), ultimately contributing to a more transparent society and safeguarding Kenya’s developmental goals.
The successful enactment of this bill could thus be a game-changer in addressing the systemic issues that allow IFFs to thrive, reinforcing the notion that empowering whistleblowers is essential for national integrity and progress.
