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Kenya’s Parliament has considered a Whistleblower Protection Bill at least four times, in 2017, 2019, 2021 and most recently in 2023 (Whistleblower Protection Bill, Bill No. 56 of 2023), yet none has been enacted into law.
The repeated introduction of these Bills across successive Parliaments underscores how some consider this an issue even as comprehensive legislation remains elusive. While the latest Bill has seen limited traction since its second reading, its proposals remain relevant, and, in our view, organisations should not wait for enactment before acting
22 April 26
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Here’s what the current Bill envisions:
For employees:
- Express protection against retaliation for making disclosures
- Confidentiality safeguards throughout the reporting process
- Immunity from civil and criminal liability for good-faith disclosures
- A 10% reward on recovered proceeds linked to a disclosure
For employers
- Mandatory written procedures for managing and investigating disclosures
- CAJ-approved internal policies tailored to the entity’s size and operations
- Criminal sanctions for non-compliance
- Public disclosure of compliance measures
The scope is broad. The Bill covers corruption, misuse of public funds, environmental dangers, human rights violations, criminal offences, unfair discrimination and more.
What should organisations do now?
- Treat whistleblowing as core compliance, not a peripheral HR process
- Establish confidential reporting channels, including routes that bypass line management
- Train managers on their legal obligations and the consequences of retaliation
- Design structured investigation protocols with strict confidentiality controls
- Map regulatory touchpoints with the CAJ and the EACC
In essence, the Bill is expected to create a cross-cutting disclosure framework, criminalise reprisals, require Commission on Administrative Justice (CAJ)-approved internal policies and introduce a reward fund, reforms that would establish robust, accessible and trusted speak-up cultures as a governance necessity in Kenya.
In this legal alert, we cover the current legal landscape, the Bill’s key proposals and practical implementation guidance.
Click here to download and read the full alert.
Should you have any questions regarding the information in this legal alert, please do not hesitate to contact Sonal Tejpar, Rosa Nduati-Mutero, Willie Oelofse or Paul Otonglo.
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Contributors
1. Leah Muhia – Principal Associate
2. Ivy Aruasa – Associate
3. Victor Maina – Trainee Lawyer