The legal framework for whistleblower protection in Kenya and examination of economic crimes

Abstract

Whistle blowing is important as it reduces illegality and encourages transparency in any organization since it instils fear on the people committing the wrong and the consequences that come with it.1 Economic fraud destroys shareholders value, threatens enterprises development, endangers employment opportunities and undermines good governance. There is need for enterprises to put up internal tools to fight economic fraud and corruption. Research indicates that use of effective guidelines and compliance programs are less vulnerable to economic crime.The key to uncovering economic crime is through whistleblowers.3 Whistleblowers play such an important role which not only make them vulnerable but also weak and should therefore be protected against the pressures that face them. This research paper seeks to contextualize the role whistleblowers have played in Kenya particularly towards the fight against economic crime specifically corruption. It goes on to look at the available legislation to protect whistleblowers in Kenya and the possible theories that can explain the concept of whistleblowers. It discusses the pressures whistleblowers face and how they can be dealt with by looking at a case study on David Munyakei. It also goes on to do a comparative analysis of the legislation in the UK and the USA by giving an analysis of the various acts, how they have been criticized, and what to take into consideration when drafting whistleblower protection laws based on the critiques of the various acts. The UK laws and USA laws on whistleblower protection, although not perfect, offer a basis for Kenya to look at when drafting laws to do with whistleblower protection as the cases of corruption in these countries are not as rampant as it is in Kenya.5 Moreover, recommendations on how Kenya can best protect whistleblowers are given. What the laws on protection of whistleblowers in Kenya should look at and finally, conclusion.