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Whistleblowers Kenya Needs Them for the War Against Corruption to Succeed

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Whistleblowers Kenya Needs Them for the War Against Corruption to Succeed Page 1 February/March 2015 Issue 150 Adili Whistleblowers Kenya needs them for the war against corruption to succeed By Samuel Kimeu that a whistleblower rather than being embraced by the official system should A disturbing trend is taking root in be harassed and vilified for playing a Kenya. A culture of intolerance largely most critical role of calling attention In this issue... targeting individuals that expose to wrongdoing. wrongdoings by public officers is mounting. This is inconsistent with the oft stated commitment to the fight against On January 17th 2015, blogger corruption and crime generally. Why Kenya needs a whistleblowers’ policy Abraham Mutai was arrested in It is worth noting that for every and law.................. Page 5 Mombasa and carted off to Nairobi investigation or prosecution that where he was detained for close to 24 is carried out, there is inevitably Whistleblowing: TI-Kenya’s efforts to break hours and then released. The arrest a whistleblower involved. It is the silence on corruption........................Page 6 was closely followed by the temporary becoming clear by the day that in suspension of his Twitter account our present environment, blowing and blogs. Mr. Mutai had published the whistle carries a high personal TI-Kenya’s ‘Uwajibikaji Pamoja’ helps bridge information, backed by documentary risk – particularly when there is little the information gap in Turkana County evidence, of alleged corruption in legal protection against dismissal, .................. Page 9 a public agency and some county humiliation or even physical abuse. governments on his online platforms. Just as it was for David Munyakei in the Goldenberg scandal and John It is as surprising as it is disturbing Githongo in the Anglo-Leasing Page 2 Kenya needs whistleblowers for the war against corruption to succeed the Government embraces good faith whistleblowing; and the whistleblower will suffer no adverse repercussions as a result of bringing an issue to the attention of those in authority or the public. We recognise the effort that various stakeholders have invested so far in realising a whistleblower policy and law. The Department of Justice has been spearheading this process, which Transparency International Kenya supports. A good whistleblower protection policy and law will go a long way in protecting people like Mr. Mutai, who come forth with reports of corruption and attract reprisals for their actions. Mr. Mutai’s experience ought to add impetus to the process. The Office of the Attorney General, under which the Department of Justice falls, should expedite the finalisation of the legislation for tabling in Parliament, and eventual enactment. As stakeholders focus on getting this scandal in the 1990s and 2000s effective ways of detecting fraud important policy and legislation in respectively, whistleblowers in and wrongdoing and facilitating place, public awareness is critical 2015 face retaliation in the form measures to minimise or prevent to de-stigmatise whistleblowing. of harassment, dismissal from further losses. One would therefore Through public education, citizens employment, blacklisting, threats expect the relevant authorities can better understand how disclosing and even physical violence, and their to act on information provided wrongdoing benefits the public good. disclosures are routinely ignored. by whistleblowers by conducting further investigations on the alleged When witnesses of corruption are One of the biggest challenges in corruption incidents, rather than confident about their ability to report preventing and fighting corruption oppress whistleblowers. Individuals it, corrupt individuals cannot hide lies in detecting and exposing bribery, that come forward to disclose behind the wall of silence. In the fraud, theft of public funds and other wrongdoing should be embraced case of Mr. Mutai, he should pursue acts of wrongdoing. This is especially and protected, not harassed and the highlighted corruption cases true in Kenya as a vast majority of ostracized. with the Ethics and Anti-Corruption Kenyans will not report corruption Commission so that full investigations when they encounter it. The East In order to encourage whistleblowers can be conducted and culprits African Bribery Index 2014 published in Kenya to step forward with brought to book. We at Transparency by Transparency International Kenya information, we need to minimise International Kenya will very keenly shows that nine out of 10 Kenyans the risks such whistleblowers face watch how this matter unfolds. who encountered bribery while as a result of disclosure. An effective seeking public services did not report whistleblower management and The writer is the Executive Director, the incident. Varied reasons were protection system begins and ends Transparency International Kenya given for non-reporting, among them with strong policies that clearly and the fear of reprisal or intimidation. emphatically send a two-fold message that: Whistleblowing is one of the most Page 3 Page 3 Whistleblower A person who exposes misconduct, dishonest or illegal activity occurring in an organisation / government. Whistleblowers expose: Violations of a law, rule, regulation. Direct threat to public interest, such as fraud, health and safety violations, and corruption. Whistleblowers take risks Barriers that whistleblowers face Particularly when there is little legal protection against dismissal, humiliation or even physical abuse. Controls on access to information. Libel and defamation laws, Inadequate investigation of whistleblowers’ claims. Whistleblower: An infograph IMAGE: Collins Baswony /TI-Kenya Page 4 Notable Kenyan whistleblowers David Munyakei Blew the whistle on the Goldenberg scandal of the 1990s. Munyakei, then a clerk at the Central Bank of Kenya (CBK), noticed that a company called Goldenberg International was receiving unusually large sums of money for the alleged export of gold and diamonds. He blew the whistle on the Goldenberg scandal by providing CBK documents to opposition members of parliament. These documents revealed illegal transactions between the Central Bank and Goldenberg International. Munyakei was arrested and sacked following his whistleblowing activities. David Munyakei PHOTO/Wikipedia John Githongo Blew the whistle on the Anglo-leasing scandal A former Kenyan journalist, Githongo investigated bribery and fraud in Kenya and later, under the presidency of Mwai Kibaki, took on an official government position to fight corruption. In 2005 he left that position, later accusing top ministers of large-scale fraud. John Githongo moved to the UK to live in exile after claiming that there have been threats to his life. John Githongo PHOTO/TI-Kenya Notable Kenyan Whistleblowers: An infograph IMAGE: Collins Baswony /TI-Kenya Page 5 Why Kenya needs a whistleblowers’ policy and law By Elijah Ambasa Objectives It is evident that for the fight against 1. Every person whether in the corruption to be successful in The main objectives of the Policy are: public sector or in the private any jurisdiction, a whistleblower sector has an ethical responsibility protection policy and law should 1. To provide avenues for employees to report suspected misconduct, be enacted to facilitate the anti- of both public and private maladministration, wastage of corruption crusade. institutions to raise concerns public funds, substantial and and define a way to handle these specific danger to public health concerns. and safety, the environment or 2. To enable senior level Public a person with a disability, and Officers (and employees of private reprisal action. “A whistleblower entities) to be informed at an early 2. The principle of natural justice stage about acts of misconduct. (procedural fairness) will apply protection policy 3. To reassure civil servants (and to all investigations of matters and law should be employees of private entities) on the subject of whistleblower that they will be protected from protection. The department enacted to punishment or unfair treatment is committed to treating the for disclosing concerns in good whistleblower appropriately and facilitate the faith in accordance with this making the process fair for both anti-corruption procedure. the discloser and the person who 4. To help develop a culture of is subject to the disclosure. crusade.” openness, accountability and 3. The rights of any person who integrity. is subject to, or is in some way associated with, a disclosure will be safeguarded. Policy principles 4. The principle of good governance, integrity, transparency and The writer is the Programme The following shall be guiding the accountability; and the principle Officer, Governance and Policy, Principles for the Policy- and values of equality, human Transparency International Kenya rights and non-discrimination Page 6 Whistleblowing: TI-Kenya’s efforts to break the silence on corruption Transparency International Kenya’s it was John Githongo. Life was nev- confidentiality to the employer hin- East African Bribery Index 2014 re- er the same for these individuals af- der whistleblowing as public servants port indicates that 94% of Kenyans ter making these scandals public. Mr commit to confidentiality clauses in did not report bribery incidents en- Munyakei was fired as a Central Bank their employment agreements. There- countered. of Kenya clerk and died jobless, in fore, for fear of breaching their con- deep poverty. Mr Githongo, a former tracts and facing legal consequences, The same study showed that 20% of Permanent
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