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Kenya’s Whistleblower Protection and Defamation Laws Under Scrutiny

A recent high-level validation workshop was held to review Kenya’s whistleblower protection and defamation laws, bringing together representatives from key government institutions involved in the fight against corruption.

The Workshop

The two-day workshop was attended by experts from various organizations and aimed to gather perspectives on existing mechanisms for whistleblower protection. It also provided an opportunity to share best practices from other countries’ whistleblower protection mechanisms.

Progress Made, But More Needs To Be Done

According to a recent study, Kenya has made some progress in implementing the United Nations Convention against Corruption (UNCAC). However, more needs to be done to promote active participation from individuals and groups outside the public sector in the fight against corruption. The study found that Kenya has yet to fully implement provisions of Article 33 of UNCAC, which provides for protection measures for reporting of corruption by any person.

Recommendations

The study recommended that Kenya adopt measures to promote whistleblowing, such as:

• Creating ombudsman institutions to receive complaints
• Establishing hotlines
• Implementing limits on libel and confidentiality agreements

Key Findings

• Kenya has made some progress in implementing UNCAC, but more needs to be done to promote active participation from individuals and groups outside the public sector.
• Kenya has yet to fully implement provisions of Article 33 of UNCAC, which provides for protection measures for reporting of corruption by any person.

Next Steps

The findings from the study will inform policy recommendations aimed at strengthening whistleblower protection mechanisms in Kenya. The government, civil society organizations, and other stakeholders must work together to implement these recommendations and ensure that whistleblowers are protected from retaliation and can report corruption cases safely and anonymously.

Key Recommendations

• Implement measures to promote whistleblowing
• Protect witnesses, experts, and victims from retaliation
• Ensure the existence of an independent agency where the public can report corruption cases