Lobby Condemns Legal Attacks on Whistleblowers, Urges Swift Passage of Protection Bill
The National Integrity Alliance (NIA), a coalition of prominent organizations including Transparency International Kenya, Inuka Kenya Ni Sisi, the Kenya Human Rights Commission, and The Institute of Social Accountability, has strongly criticized the increasing use of the judicial system to target whistleblowers and journalists. The group warns that such actions threaten press freedom and undermine efforts to combat corruption in Kenya.
In a statement released on Wednesday, the NIA called on Parliament to urgently pass the Whistleblower Protection Bill 2024. The lobby argues that delays in enacting this legislation leave individuals who expose corruption and abuse of office vulnerable to harassment, intimidation, and costly litigation. The absence of robust legal protections creates a hostile environment for those acting in the public interest, allowing corruption to persist unchecked.
The NIA highlighted a troubling trend of lawsuits designed to punish and silence whistleblowers and journalists. These legal actions, often lacking merit, impose significant financial burdens through expensive legal defenses, discouraging public interest reporting. The group pointed to the ongoing legal battles faced by former Royal Media Services journalists Aisha Mwilu and Waihiga Mwaura, who were instrumental in the 2019 Citizen TV exposé The Mara Heist. The investigation implicated senior officials at Maasai Mara University in corrupt activities. Such lawsuits, the NIA stated, are filed not to win on merit but to intimidate critics and drain their resources.
The failure to pass the Whistleblower Protection Bill 2024 leaves journalists and whistleblowers exposed to a range of retaliatory actions, including defamation suits, regulatory complaints, workplace disciplinary measures, and civil claims. This lack of protection undermines accountability, fosters corruption, and erodes public trust in government institutions. The NIA emphasized that without a strong legal framework, whistleblowers and journalists face harassment and litigation alone, even when their actions serve the public good.
The lobby also expressed concern that these legal attacks set a dangerous precedent, allowing corrupt individuals to undermine press independence and intimidate journalists. Regulatory bodies, such as the Media Council of Kenya, risk being misused to harass reporters or pressure them into retracting statements. Additionally, whistleblowers in public institutions may face unfair disciplinary actions, such as dismissal or demotion, further discouraging transparency.
To address these challenges, the NIA urged Parliament to prioritize the Whistleblower Protection Bill 2024 and establish robust legal safeguards for whistleblowers and journalists. The group stressed that protecting these individuals is essential for promoting transparency, accountability, and a healthy democracy in Kenya. The NIA also called for thorough investigations into corruption cases to ensure perpetrators are held accountable, alongside the creation of judicial mechanisms to dismiss frivolous or malicious lawsuits targeting whistleblowers.
Further, the Alliance advocated for strong government condemnation of intimidation tactics against whistleblowers and clear guidance from the Public Service Commission to public entities. This guidance should focus on establishing internal reporting frameworks to protect staff who expose wrongdoing. The NIA emphasized that swift action is critical to fostering an environment where whistleblowers and journalists can operate without fear of retaliation, ensuring that corruption and mismanagement are effectively addressed.