Participants during the People’s Anti-Corruption Summit 2024
By Melisa Mongina
Kenya has made little progress in enacting a whistleblower protection law despite numerous attempts from Transparency International-Kenya.
Speaking in Nairobi on Monday during The People’s Anti-Corruption Summit, Sheila Masinde, Executive Director of Transparency International-Kenya, noted their endless efforts in ensuring that whistleblowers in Kenya get the protection mechanism they deserve.
“As Transparency International Kenya, we have worked tirelessly in the last 10 or so years to push for a whistleblower protection mechanism in this country and unfortunately we are not yet there. In 2013, we started the process of drafting a whistleblower protection bill. 11 years later, we are yet to see this bill enacted into law. But it is something that we continue to push. Because as we stand now we don’t have an effective mechanism to protect Kenyans who risk life and limb to report cases of corruption or other actual acts of wrongdoing. And this is so critical for us,” stated Sheila.
She further adds that most whistleblowers, especially those working in the government, are always at risk whenever they report corruption cases and some end up losing their jobs.
“We have seen the number of corruption cases that we’ve had, and for every case, there’s a whistleblower. Sometimes it doesn’t go well, for many of those whistleblowers. Some of them, especially those in government, end up being demoted. They end up losing their jobs,” added Sheila.
Sheila emphasized the need to have an institution that can comprehensively protect those whistleblowers who risk their lives when reporting corruption. She also added that the 2022 Ethics and Anti-Corruption Survey shows that many people fear reporting corruption cases due to intimidation.
“We take this moment to think about the next critical steps towards finally getting in place a whistle-blower protection legislative and also institutional framework because as it is now we don’t even have an institution which can comprehensively protect those who whistle blow cases of corruption. When you look at the last ethics and anti-corruption survey of 2022, many people will not report cases of corruption because they fear acts of reprisal and intimidation. This is what whistleblowers go through and we really need to see how we can change the landscape to make it safe for people to report corruption cases,” emphasised Sheila.
According to Sheila Roquette, Deputy Mission Director USAID, whistleblowers should be celebrated for their courageous actions in fighting corruption in the country.
“It is vital to come together to discuss the efforts that can highlight the role of whistleblowing in Kenya to increase awareness on the adverse effects of corruption, the need for reforms and to celebrate the courageous actions of the people who have fought against corruption,” noted Roquette.
Further, she states the United States consistently supports on strengthening of governance, institutions, and processes in Kenya.
“The United States has consistently supported the strengthening of governance, institutions, and processes. This includes helping to improve compliance with Kenya’s public financial management laws and supporting reforms to reduce fraud, waste, and abuse at the national and county levels,” stated Roquette.
Roquette also notes the importance of whistleblower protection legislation in mitigating the risks associated with reporting corruption cases. She adds that such protection and the law of whistleblowers is critical for attracting foreign investment.
“Lack of whistleblower protection legislation provides a loophole for unscrupulous actors who would pressure subordinates to turn a blind eye or to cover up corrupt acts. The purpose of the legislation is to ensure that whistleblowers don’t face retaliation, harassment, intimidation, or dismissal from employment. In the United States, whistleblower protections have played an important role in rooting out unethical behaviour. It has become part and parcel of the way we operate. And each year I take mandatory whistleblower protection training as a requirement of my job as a civil servant. Enshrining whistleblower protections and laws are also critical to attracting foreign investment,” added Roquette.
Queenter Mbori, Executive Director of the Association of Media Women in Kenya (AMWIK), highlights the need for press freedom, especially for investigative journalists who endanger lives and work to uncover stories on corruption.
“The second thing that I would like to highlight is press freedom. There seems to be a direct correlation between press freedom and corruption in this way because as a media, our role is to provide information on public sector corruption particularly where government activities are not very clear. The media, particularly investigative journalists, play a crucial role in exposing corruption,” said Queenter.
She urges the government and stakeholders to recognise the vital role that whistleblowers play adding that the lack of whistleblowers protection law in Kenya has become a threat to press freedom.
“I urge all those here present governments and other stakeholders to recognize the very powerful and significant role of whistleblowers by establishing and going by the theme of this year’s day which is a critical tool in the fight against corruption. The lack of a comprehensive whistleblower protection Law in Kenya is a real threat to press freedom and is a matter that we need to collectively address,” emphasised Queenter Mbori.
