The Office of the Attorney General has drafted a bill that proposes whistle-blowers be paid 10% of the money recovered from loots.
The bill proposes Whistle-blower Reward Fund be instituted and it will mainly be financed by the exchequer and donors. Whistle-blowers would be paid from this fund.
The bill says, “A whistle-blower who makes a disclosure which leads to the arrest and conviction of an accused person shall be rewarded with money from the Fund.”
If the anti-graft agencies are able to recover the embezzled funds, the whistle-blower would be rewarded with 10 percent of its value.
For example, Kirinyaga governor Anne Waiguru who argued that she was the one who blew the whistle in the scandal that saw the Ministry of Devolution and Planning lose Ksh791 million, she would pocket a cool Ksh79 million if the money is recovered.
Whistle-blowers are also protected by the bill from civil or criminal liability for disclosing confidential information in addition to being protected from reprisal.
Publishers of whistle-blowers will risk a fine of Ksh10 million or jail term not exceeding 14 years or the two if found guilty.
The bill says, “No employer, person ... may discharge, demote, suspend, transfer, threaten or harass, directly or indirectly, ...because the person provided information in accordance with this Act.”
Attorney General, Office of the Director of Public Prosecutions, civil society groups and Parliament are analyzing the draft bill.