Kenyan Whistleblowers to Pocket 10 Percent of Recovered Loot in New Bill

The office of the Attorney-General has drafted a new Bill that proposes a reward of 10 percent of recovered money or assets acquired through looting to whistleblowers.

The Bill proposes creation of a Whistleblower Reward Fund financed by the exchequer and donors, from which whistleblowers will be paid.

“A whistle-blower who makes a disclosure which leads to the arrest and conviction of an accused person shall be rewarded with money from the Fund,” reads part of the Bill.

The Star reports that various stakeholders including the Attorney-General, the Directorate of Public Prosecutions, civil society groups and Parliament are scrutinizing a draft of the Bill before it is submitted for approval.

The Bill gives whistleblowers immunity from civil or criminal liability for revealing confidential information in addition to being protected from reprisal.

“No employer, person acting on behalf of an employer, or any other person may discharge, demote, suspend, transfer, threaten or harass, directly or indirectly, or in any other manner act adversely against, a person in the terms and conditions of employment because the person provided information in accordance with this Act,” the Bill reads.

Employers or anyone found culpable of victimizing whistleblowers will be guilty of an offence punishable by a fine of Sh10 million or jail sentence not exceeding 14 years or both.

Whistleblowers will be required to file their reports about improper conduct leading to various malpractices with the Whistleblower Commission or selected institutions including the Presidency, Parliament, Judiciary, security officers, clergy and lobby groups.

The malpractices could be gross misuse of taxpayers cash, criminal offences, bribery and other economic crimes.

“Any person to whom a disclosure is made and fails to keep the disclosure confidential commits an offence and is liable on conviction to a fine not exceeding Sh10 million or to imprisonment for a term not exceeding 14 years or both,” the Bills reads.