Public and private entities in Kenya will soon be required to establish secure internal systems for whistleblowers to report misconduct, following the introduction of the Whistleblower Protection Bill, 2025.
The landmark Bill, which has been under review by the Office of the Attorney General, seeks to provide a comprehensive legal framework for protecting individuals who disclose information about improper conduct.
It mandates government institutions and private organisations to develop and maintain written procedures for investigating whistleblower reports made by employees or other persons.
Under the proposed legislation, whistleblowers will be eligible for rewards in appropriate cases—ranging from commendations to monetary or non-monetary incentives.
A monetary reward may be granted when a disclosure leads to the recovery of illicit gains, with the amount payable at the discretion of the relevant ministry, agency or commission, upon receipt of the recovered funds.
To further bolster protections, the Bill grants immunity from legal proceedings to individuals making disclosures in good faith, including the option to report anonymously.
Whistleblowers are also protected from retaliation, such as termination, demotion or harassment, for exposing wrongdoing.
“It provides the manner of making a public interest disclosure including anonymous disclosures and identifies the persons responsible for receiving the disclosures and information to be included in those disclosures,” notes a memorandum accompanying the Bill.
The Bill emphasises confidentiality and requires policies to be tailored according to the size and nature of the entity’s operations.
It will be administered by the Commission on Administrative Justice, in collaboration with other oversight bodies.
Proposed law outlines a series of penalties for actions that undermine the reporting process, including; obstructing an investigation or misleading the commission (fine of up to Sh1 million, imprisonment of up to one year or both), engaging in acts of reprisal (fine of up to Sh5 million, imprisonment of up to 10 years or both) and deliberately providing false information (fine not exceeding Sh1 million or up to one-year imprisonment or both).
Failure to report misconduct while aware of its occurrence or likelihood is also classified as an offence under the Act.
Improper conduct, as defined in the Bill, includes bribery, corruption, human rights violations, mismanagement of public funds, unfair discrimination and solicitation.
The proposed legislation encourages reporting of any conduct that may be deemed dangerous, unlawful or prejudicial to the public interest.
This Bill is part of Kenya’s broader strategy to combat corruption and promote accountability within the public and private sectors. While previous efforts such as the Whistleblower Protection Act have laid foundational protections, the new Bill seeks to close gaps in enforcement and ensure greater support for those who step forward.
Whistleblowers continue to play a pivotal role in exposing misconduct in Kenya but often face severe risks.
The proposed law represents a significant step towards institutionalising protections, encouraging transparency and fostering a culture of integrity across all sectors.
Corruption is a significant problem in Kenya, permeating various sectors of society and impacting public service delivery, economic growth and democratic gains.
While there are established legal and institutional frameworks to combat corruption, including the Ethics and Anti-Corruption Commission (EACC), reports consistently highlight prevalence of bribery, embezzlement and other corrupt practices.
