Financial Crime World

Whistleblower Protection in Finance: A Necessity in Kenya’s Anti-Corruption Efforts

As the world marks World Whistleblowers Day, Kenya is reminded of its urgent need for comprehensive whistleblower protection legislation. Despite commitments to enact such laws dating back to 2003, the country has yet to implement an all-encompassing law dedicated to safeguarding whistleblowers.

The Current State of Whistleblower Protection in Kenya

  • Currently, whistleblower protection provisions are scattered throughout the Constitution and fragmented in various laws.
  • The Bribery Act (2016) provides some protection for whistleblowers and witnesses, while the Anti-Corruption and Economic Crimes Act (2003) offers limited protection for informers.

The Need for Comprehensive Legislation

The absence of robust whistleblower protection measures discourages potential whistleblowers from coming forward and perpetuates a culture of silence and impunity. To strengthen Kenya’s anti-corruption efforts, it is imperative that the government prioritizes the passage of a Whistleblower Protection bill.

Courageous Individuals Risking Their Livelihoods

  • CPA Spencer Sankale, one of the whistleblowers in the Maasai Mara Heist, continues to risk his livelihoods to expose wrongdoings.
  • Jennifer Wambua, who was found dead while serving as a state witness in a fraud case, is a stark reminder of the risks whistleblowers face.

Call for Action

The 13th Parliament has an opportunity to seize this moment and demonstrate their commitment towards providing a secure environment for whistleblowers. By enacting whistleblower protection legislation, MPs can encourage others to come forward without fear of reprisals, ultimately strengthening Kenya’s anti-corruption efforts.

Conclusion

Kenya’s journey towards establishing a comprehensive whistleblower protection policy and legislation has been long and arduous. The government must take decisive action to prioritize the passage of a Whistleblower Protection bill, ensuring that courageous individuals like CPA Spencer Sankale are protected from reprisal. By doing so, Kenya can create a culture of transparency and accountability, ultimately helping to eradicate corruption and promote economic growth.