Whistleblower Protection Laws Strengthened in Saint Kitts and Nevis

Introduction

Saint Kitts and Nevis has recently introduced the Anti-Corruption Act, 2023 No. 5, aimed at combating corruption by providing enhanced punishment for corrupt conduct and protecting individuals who report such offenses.

Definition of Crimes and Punishment

The Act defines two categories of crimes related to corrupt conduct:

• Special Offences: Abuse of office, bribery of public officials, trading in influence, punishable by imprisonment up to three years or a fine of $100,000.
• Lesser Offences: Punishable by imprisonment for up to one year and/or a fine of $30,000.

Office of Special Prosecutor

The legislation establishes the Office of Special Prosecutor, responsible for:

• Investigating corruption offenses
• Collecting whistleblower reports
• Forwarding them to the Director of Public Prosecutions

The Office will be headed by a Special Prosecutor appointed for a five-year renewable term.

Transparency and Accountability

To ensure transparency and accountability:

• Officials who have been offered illegal remuneration or individuals subject to extortion must report such instances to the Special Prosecutor.
• Failure to do so can result in criminal liability and punishment.

Protection of Whistleblowers

The Act also protects whistleblowers by making it an offense to coerce or intimidate them from reporting corruption offenses.

Enhanced Penalties for Corrupt Conduct

The legislation provides for enhanced penalties for those found guilty of corrupt conduct, including:

• Confiscation of property or payment of its equivalent value if located abroad.

Coming into Force

The Chief Minister is expected to fix a date for the coming into force of the Act through an Order published in the Gazette.

Conclusion

The new law aims to promote transparency and accountability, protect whistleblowers, and combat corruption in Saint Kitts and Nevis.