Here is the converted article in Markdown format:
Whistleblower and Witness Protection Act: New Measures Introduced
In a bid to strengthen whistleblower protection, the government has introduced new measures aimed at safeguarding individuals who report wrongdoing from retaliation.
Safeguarding Whistleblowers and Witnesses
According to Section 11 of the Whistleblower and Witness Protection Act, if a Competent Authority believes that a witness may be subjected to dismissal, suspension, harassment, discrimination, or intimidation by their employer, they shall refer the matter to an institution capable of providing protection to the witness.
- The authority can also cause the whistleblower or witness to be transferred to another employment or relocated to another place of residence without prejudice to the generality of Sections 10 and 11.
- Additionally, whistleblowers or witnesses who report wrongdoing may be rewarded or compensated for their efforts in promoting and facilitating reporting of wrongdoing (Section 13).
Protection Against Retaliation
The Act also prohibits provisions in employment contracts that seek to prevent employees from making disclosures, discourage them from making disclosures, preclude them from making complaints about retaliation, or prevent them from bringing an action in court or before an institution to claim relief or remedy (Section 14).
Penalties for Harm and Intimidation
The Act emphasizes the importance of protecting whistleblowers and witnesses by preventing them from being subjected to harm or intimidation. According to Section 16(1), any Competent Authority or person under their authority who divulges information relating to the identity of a whistleblower commits an offence and shall be liable to imprisonment for not less than five years or a fine of not less than fifteen million shillings, or both.
- Similarly, any Competent Authority that fails to take action in relation to wrongdoing reported by a whistleblower and as a result occasions loss to a public institution commits an offence and shall be liable to imprisonment for not less than five years or a fine of not less than fifteen million shillings, or both (Section 16(2)).
Penalties for False Disclosures
The Act also imposes penalties on individuals who knowingly disclose false information relating to wrongdoing. According to Section 17(1), any person who commits this offence shall be liable to imprisonment for not less than one year or a fine of not less than three million shillings, or both.
- Furthermore, whistleblowers and persons to whom disclosures are made are prohibited from disclosing information relating to the disclosure to a person against whom or in respect of whom the disclosure is made (Section 17(2)).
Regulations and Offences
The Minister may make regulations providing for the better carrying out of the provisions of this Act, while any Competent Authority or person under their authority who contravenes these regulations commits an offence and shall be liable to a fine of not less than three million shillings or imprisonment for not less than one year, or both (Section 15).
Conclusion
The government is committed to ensuring that whistleblowers and witnesses are protected from retaliation and harm. These new measures aim to promote transparency, accountability, and integrity in public institutions.
Contact: Name [Phone Number] [Email]