A new law being introduced in Kenya could soon compel both public and private organisations to set up secure internal systems for whistleblowers to report misconduct, in a significant step toward strengthening transparency and accountability.

The Whistleblower Protection Bill, 2025, currently under review by the Office of the Attorney General, seeks to offer a clear legal structure for protecting individuals who expose wrongdoing within institutions.

The Bill lays out responsibilities for government bodies and private entities to create and maintain documented procedures for handling reports made by employees or third parties.

According to the proposed law, whistleblowers may qualify for recognition or rewards, which could include cash payments or non-financial incentives, particularly in cases where their disclosures result in the recovery of illegally obtained assets.

The decision to grant such rewards will rest with the relevant ministry, agency, or commission, once funds have been recovered.

In a further effort to safeguard whistleblowers, the Bill guarantees protection from retaliation, including dismissal, demotion, or intimidation, for those who report in good faith.

It also allows disclosures to be made anonymously and provides legal immunity for whistleblowers acting with honest intent.

“It provides the manner of making a public interest disclosure including anonymous disclosures and identifies the persons responsible for receiving the disclosures and information to be included in those disclosures,” states a memorandum attached to the Bill.

The law requires all reporting procedures to remain confidential and to be designed according to the size and nature of the organisation.

Oversight and enforcement of the law will fall under the Commission on Administrative Justice, in coordination with other watchdog institutions.

The Bill also introduces specific penalties for attempts to derail or distort the reporting process. These include a fine of up to Sh1 million, a prison sentence of up to one year, or both, for obstructing investigations or misleading the commission.

Acts of retaliation such as threats or reprisals against whistleblowers will attract a penalty of up to Sh5 million, up to 10 years in jail, or both.

Additionally, knowingly providing false information will carry a fine not exceeding Sh1 million, a jail term of up to one year, or both. The law also criminalises the failure to report known or likely misconduct, holding individuals accountable for remaining silent in the face of wrongdoing.

Misconduct as described in the Bill includes a broad range of unethical and unlawful actions such as bribery, corruption, human rights violations, misuse of public funds, discriminatory practices, and solicitation.

The legislation urges the public to report any activity that may pose harm, break the law, or threaten public interest.

This Bill is part of Kenya’s wider efforts to strengthen integrity and combat corruption in both public institutions and private firms.

While previous measures, including the existing Whistleblower Protection Act, provided basic protections, the new Bill aims to close enforcement loopholes and improve overall support for whistleblowers.