Whistleblower protection and corporate fraud: analysis of the access to Information Act

Abstract

In an era where corporate integrity is paramount, the protection of whistleblowers emerges as a critical pillar in the fight against corporate fraud. Whistleblowing in the context of corporate fraud refers to the disclosure by organisation members of illegal, immoral, or illegitimate practices within an organisation, to individuals or organisations that may be able to effect action. Whistleblowers are often the unsung heroes in the battle against corporate fraud, risking their careers and personal safety to expose illegal activities hidden behind the facade of organisational loyalty. This research critically examines the legislative landscape governing the protection of corporate whistleblowers in Kenya, with a particular emphasis on the Access to Information Act. It argues that the Act’s reliance on tort remedies is insufficient and fails to adequately safeguard corporate whistleblowers, particularly in cases of corporate malfeasance. Through a doctrinal and comparative analysis, this study recognises the correlation between corporate culture and whistleblowing then further evaluates the appropriateness of Kenya's laws and compares them to more robust systems in other jurisdictions, including the United States and United Kingdom. By proposing legislative reforms, this research seeks to fortify whistleblower protection, enhance the Act’s effectiveness in addressing corporate fraud, and ensure the robust implementation of the constitutional right to access information.