Kenyan advocates hold placards at a picket in Nairobi following the Law Society of Kenya's call for its members to protest President William Ruto's recent comments condemning rampant corruption and lack of integrity in the judiciary. (Tony Kalumba/AFP via Getty Images)
Kenya has released a draft bill outlining protections for whistleblowers. The Whistleblower Protection Bill 2024, which has been in the works for a long time, will reduce disclosure in a country where 86% of respondents in a 2023 survey were worried about what would happen to them if they reported a corruption case. may help promote. Gedion Onyango, who studies public accountability, anti-corruption and whistleblowing reform, reveals what protections are needed and how people can change their mindset.
What is whistleblowing?
Whistleblowing is the disclosure of information about acts or wrongdoing that may harm the public interest, that is, the welfare of society as a whole.
Whistleblowing is primarily concerned with exposing corruption in state institutions.
As the private sector has become a partner in public services and national development processes, new laws such as Kenya's Whistleblower Protection Bill and existing laws such as Botswana's Whistleblower Protection Act 2016 have been shown to increase public service and national development processes. It is also designed to expose the activities of companies and institutions that directly impact the industry.
For whistleblowing to be effective, several important conditions must be met.
First, society needs to broadly agree on what cheating is. People should feel obligated to report and address misconduct, and should know what to expect if such information is disclosed. Fundamentally, disclosure must be made in good faith.
Second, there must be authorities who are expected and willing to take action after receiving such information.
Third, there must be clear procedures or legal procedures in place to receive information and determine its truth.
In addition to having sufficient evidence to support their claims, the person disclosing the information must determine that it is easy to report. A completely bureaucratic method of receiving information about wrongdoing is more likely to intimidate and discourage potential whistleblowers.
Fourth, a system should be in place to reward individuals who expose wrongdoing. This may include recognizing contributions to society or offering a financial incentive of a portion of the amount recovered in cases of corruption or asset recovery. Not all countries have this provision. However, the presence of such rewards is not always enough. This has also been shown in Nigeria, where whistle-blowing has declined despite 5% of recovered funds being paid as incentives.
Finally, there needs to be trust in the authority and the process by which it works.
Why focus on whistleblowers?
Whistleblowers are an important source of information about wrongdoing, wrongdoing, and unethical behavior that would otherwise remain hidden from the public. These are critical to promoting human rights, combating corruption, and addressing governance irregularities and inequalities.
Many notorious scandals around the world have come to light due to individuals exposing wrongdoings. These include the Anglo Lease case in Kenya.
Whistleblowing is essential to ethical public leadership. It is no coincidence that many developing countries now have laws that encourage and protect whistleblowers. Kenya's new law no longer requires whistleblowers to primarily protect themselves from confidentiality clauses that make disclosure of potential wrongdoing illegal. Whistleblowers have long been targeted by public authorities for disclosing information without procedure.
I want to play the flute. What's next?
Potential whistleblowers can expose wrongdoing using internal or external mechanisms. The choice of mechanisms depends on the whistleblower's confidence and background in these mechanisms.
Research shows that whistleblowing is less desirable, with most whistleblowers preferring the anonymous external whistleblowing route, which can prompt an investigation by authorities.
What protections should whistleblowers expect?
Effective whistleblower protection mechanisms include protecting the whistleblower's identity until a responsible authority confirms that wrongdoing has occurred.
Whistleblowers should be protected from retaliation and harm, including social harm, physical attacks, and disciplinary action.
The law must ensure that whistleblowers, such as employees, are protected from intimidation, discipline, or removal from their positions. This should last for a sufficient period of time (for example, at least five years) even if the case ultimately falls through, as is often the case.
In other words, the person should be protected from any loss, including damage that affects mental health or work. This is typical of world law.
In today's social media era, defamation laws must be strictly enforced to prevent online harassment.
What does a positive whistleblower policy look like?
It is important that your whistleblower protection policy is understood and accepted by everyone. This process should start with extensive consultation. This will require the involvement of authorities such as religious groups, traditional leaders, and the lowest levels of government.
Including whistleblowing in the country's schools, universities, and professional curricula would raise awareness and increase social acceptance.
Whistleblowers are often seen as traitors and informers, rather than as courageous defenders of the public interest and ethical members of society. A reward system for whistleblowers should be incorporated into prestigious national honors such as the President's Award.
Gedion Onyango is a Research Fellow at the Firoz Lalji Institute for African Studies at the London School of Economics and Political Science.
This article first appeared on The Conversation.
