Human right groups join the global community in recognizing and celebrating whistle blowers and the critical role they play towards promoting transparency, accountability and the rule of law.
On this years’ World Whistle blower day, TI-Kenya, The Kenya Human Rights Commission (KHRC), The Institute of Social Accountability (TISA) and Inuka ni Sisi Celebrates Courage in the Face of Adversity Globally, the experience of whistleblowers continues to be both inspiring and challenging.
Their willingness to put principles before personal comfort has led to crucial reforms that protect millions of people worldwide.
In Kenya whistleblowers have served as early warning system exposing fraud, budgeted corruption and human rights violations contributing towards strengthened democratic governance.
Their testimonies have exposed unethical behavior in the public and private spheres, igniting public indignation and calling for reform.Despite their sacrifice, whistleblowers often face retaliation, threats, loss of livelihood, and even physical harm.
The groups raise concern over CPA Spencer Sankale, one of the whistleblowers of the ‘Maasai Mara Heist’ that came to light in 2019 was dismissed employment in 2021; The late David Munyakei, the whistleblower in the Goldenberg scandal who lost his job at the Central Bank of Kenya almost 30 years ago and died a destitute;
Moreover in 2021, Jennifer Wambua, who was the then deputy communications director at the National Land Commission was found dead, at a time when she was a state witness in a Ksh 122.3 million fraud case in which 18 people including public officials were charged.
Her reporting of this case was suspected as a motive for her killingThese stories are just but a fraction of the horrendous acts of retaliation that most Kenyans face when they speak up against corruption. This is unacceptable in any society that claims to uphold constitutional values and human dignity.
Need for protection and legislative reformsThe despicable acts of high-level intimidation against whistleblowers are a reminder of the urgent need to put in place a robust legal framework to protect those who risk their lives and livelihoods exposing corruption and other related abuses.
The absence of a comprehensive whistleblower protection framework in Kenya has left courageous individuals vulnerable and thereby demeaning anti-corruption efforts.In 2015, a Task Force reviewing Kenya’s legal, policy, and institutional framework for combating corruption recommended the enactment of a comprehensive whistleblower protection law.
This led to the drafting of the Whistleblower Protection Bill, 2017, which was later refined into the Protected Disclosures Bill, 2019.
Amendments were also proposed to relate anti-corruption legislation, including the Access to Information Act, Bribery Act, and the Proceeds of Crime and Anti-Money Laundering Act, to broaden the scope of designated entities under Designated Non-Financial Businesses and Professions (DNFBPs).