PS Judith Pareno: Kenya’s Whistleblower Protection Bill Is a National Necessity, Not a Token Gesture

Nairobi, June 23, 2025 — Principal Secretary for Justice, Human Rights and Constitutional Affairs, Hon. Judith Pareno, delivered a firm and forward-looking keynote address at the World Whistleblower Protection Day commemoration hosted at Sarova Stanley. Emphasizing that “safeguarding the truth begins with protecting those who dare to speak,” PS Pareno affirmed the government’s commitment to protecting whistleblowers and closing the legal gaps that expose them to retaliation and risk.

Speaking on the theme, “Courage Without Consequence: Advocating Justice for Whistleblowers,” the PS called on all sectors—state institutions, civil society, media, and citizens—to work together to build a culture that rewards integrity instead of punishing it.

Pareno acknowledged that Kenya’s current legal framework, while progressive in some respects, remains inadequate when it comes to fully protecting whistleblowers. Despite constitutional guarantees and the existence of anti-corruption institutions, “fear of retaliation continues to silence many would-be whistleblowers,” she observed.

A Bill in Motion

In a major policy update, she announced that the State Department of Justice under the Office of the Attorney General has already drafted a comprehensive Whistleblower Protection Bill, which is currently undergoing public participation in over 10 counties, including Kisumu, Mombasa, Nakuru, Nairobi, Garissa, Kajiado, Embu, Nyandarua, and Kwale.

The draft bill includes:

• Secure reporting mechanisms

• Explicit protections against reprisal

• Mandatory internal disclosure frameworks within public institutions

• Legal obligations for institutions to support whistleblowers through their systems

Pareno stressed that public engagement is vital:

She also highlighted that alongside the whistleblower bill, the State Department is rolling out public awareness on a separate Public Participation Bill, encouraging Kenyans to learn how to take part in shaping laws that affect them.

Assurance from Government: “We Are Serious”

In follow-up remarks after the keynote, PS Pareno offered additional strong assurances about government commitment:

She pointed to the revival and expansion of the State Department for Justice as a clear political signal:

She noted that since her appointment two months ago, she has been fully facilitated with 27 state counsels, a sign of high-level support. The Department is working round the clock to complete three simultaneous public participation processes:

1. The Whistleblower Protection Bill

2. The Anti-Corruption Amendment Bill (covering wider anti-corruption measures)

3. The Public Participation Bill

On legislative inclusivity, she assured the audience that the government is:

• Collating inputs from older bills, including those sponsored in previous parliaments

• Engaging Parliament and individual sponsors to avoid duplication and loss of earlier gains

• Working to ensure one harmonized bill, not fragmented versions

On the Victim Protection Fund

Pareno addressed concerns about delays in operationalizing the Victim Protection Fund, confirming that the fund’s creation is underway:

She emphasized that the delay stems from legal compliance, not lack of commitment, and reassured stakeholders that provisions for victim and whistleblower support will not be removed.

Key Messages to the PS from Franklin Betty, State Counsel, Office of the Attorney General:

Franklin Betty, in a candid and constructive follow-up to the PS’s address, used his platform to share strategic insights and issue a direct appeal:

1. Acknowledgement of PS's Role and Appeal for Support

2. Status of the Whistleblower Bill

3. Critical Disclosure from the PS
   He disclosed a private moment with the PS:

4. Challenge of ‘Money Bills’

5. Call to Consider the False Claims Bill (USA Model)

6. Need for Harmonization

7. Memorable Close

He concluded by stating they’ve even written to the President to request political will at the highest levels.

A Legacy of Delivery, Not Duration

As the dialogue progressed, PS Judith Pareno reaffirmed that her mission was clear and time-bound—but not time-limited. Speaking candidly, she shared her resolve to focus on outcomes over tenure:

Despite being only two months into office, she emphasized that the revival of the State Department for Justice, Human Rights, and Constitutional Affairs—complete with a team of 27 state counsels—signals the government’s seriousness about protecting whistleblowers and advancing human rights.

She gave a detailed breakdown of the Victim Protection Fund process, which remains in motion:

• Regulations have been developed and are currently being processed

• Amendments to the parent Act are already on their way to Cabinet

• Full rollout will only occur once legal compliance with the Public Finance Management (PFM) Act is ensured

In her words:

She closed with a thoughtful reflection on public service and continuity:

Her appeal to Parliament, civil society, and fellow public servants was unmistakable:
Let’s do what we can within our time. Let’s make a difference.