Whistleblower Protection Bill Takes Shape in Kenya

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Nairobi, Kenya - A new bill has been introduced to the Kenyan Parliament aimed at protecting whistleblowers from retaliation and ensuring their safety. The Whistleblower Protection Bill, 2023 proposes strict penalties for anyone found guilty of violating whistleblower information and outlines procedures for revoking protection.

Key Provisions

• Strict penalties for disclosing confidential information without lawful excuse:
  • Fines not exceeding KES 10 million
  • Imprisonment for up to 14 years, or both
• Administrative fines of up to KES 10 million for entities or individuals violating obligations under the Act
• The Commission may impose orders for relief, including interim and final reliefs from a court, as well as direct the referral of whistleblowers to the Witness Protection Agency

Procedures for Revoking Whistleblower Protection

• Whistleblower protection can be revoked if the whistleblower is found to have participated in improper conduct or made false statements
• A person aggrieved by such a decision may apply for review within 30 days and appeal to the High Court if necessary

Investigation Reports

• The Commission will prepare an investigation report containing findings and recommendations for further action
• If improper conduct is found to have occurred, the Commission will specify the identity of the wrongdoer in its report

Impact and Expectations

The Whistleblower Protection Bill, 2023 has been hailed as a major step forward in protecting whistleblowers in Kenya. The bill is expected to come into effect soon after passing by Parliament and receiving presidential assent.

By providing a safe and protected environment for whistleblowers to report wrongdoing without fear of retaliation, the bill aims to promote transparency and accountability within organizations and institutions in Kenya.