1. POLICY STATEMENT

1. Gifted Community Center (GCC) is committed to conducting its operations with integrity, honesty, transparency, and accountability. The Organization recognizes that maintaining the trust and confidence of its beneficiaries, employees, volunteers, partners, donors, and the public requires the highest standards of ethical conduct.
2. GCC encourages all persons associated with the Organization to report, in good faith, any actual, suspected or attempted misconduct, illegal activity, fraud, corruption, abuse of authority, safeguarding concerns, financial irregularities, or any other conduct that may compromise the Organization's mission, reputation, or legal obligations.
3. The Organization is committed to ensuring that all concerns raised under this Policy are treated seriously, investigated promptly, fairly and confidentially, and that individuals who make reports in good faith are protected from retaliation, victimization, harassment or any other form of adverse treatment.
4. GCC adopts a zero-tolerance approach to retaliation against whistleblowers and shall take appropriate disciplinary or corrective action against any person who victimizes, intimidates or retaliates against an individual for making a protected disclosure under this Policy.
5. Nothing in this Policy prevents any person from reporting a matter directly to a competent regulatory or law enforcement authority where required by law or where internal reporting mechanisms are inappropriate or ineffective.

2. PURPOSE

The purpose of this Policy is to:

• Promote a culture of openness, integrity, accountability, and ethical conduct throughout the Organization.
• Provide a safe, accessible, and confidential mechanism for reporting suspected wrongdoing.
• Encourage the early reporting of concerns before they escalate into more serious legal, financial, or reputational issues.
• Ensure that all reports are assessed, investigated, and resolved fairly, promptly, and objectively.
• Protect whistleblowers and other persons participating in investigations from retaliation, intimidation, or any other form of victimization.
• Support compliance with applicable laws, donor requirements, and GCC's internal policies and procedures.
• Strengthen organizational governance, risk management, and accountability by identifying and addressing misconduct promptly.

3. SCOPE

This Policy applies to all persons acting for or on behalf of Gifted Community Center (GCC), including members of the Board of Directors, employees, volunteers, interns and attachment students, consultants, contractors and service providers, temporary and casual workers, beneficiaries, community members, partners and partner organizations, donors, and any other individual or entity that interacts with or conducts business with GCC.

This Policy applies to disclosures relating to activities undertaken by or on behalf of GCC, whether occurring within the workplace, during official travel, field activities, community outreach programmes, online engagements, or any other setting connected to the Organization's operations.

4. LEGAL AND POLICY FRAMEWORK

This Policy shall be interpreted and implemented in accordance with applicable laws and GCC's governance framework, including:

1. The Constitution of Kenya, 2010;
2. Persons with Disabilities Act (2025);
3. The Employment Act, 2007;
4. The Leadership and Integrity Act, 2012;
5. The Anti-Corruption and Economic Crimes Act, 2003;
6. The Bribery Act, 2016;
7. The Data Protection Act, 2019;
8. The Occupational Safety and Health Act, 2007;
9. Any other applicable law.

This Policy shall also be read together with the GCC:

1. Code of Conduct;
2. Child Protection and Safeguarding Policy;
3. Sexual Harassment Policy;
4. Data Protection Policy;
5. Human Resource Policy and Procedures Manual; and
6. Any other relevant organizational policy or procedure.

5. DEFINITIONS

For the purposes of this Policy, unless the context otherwise requires:

Board means the Board of Directors/ Advisors of Gifted Community Center (GCC).

Confidential Information means any information relating to a whistleblowing report, investigation, evidence, witnesses, the identity of the whistleblower, or any person implicated in a report, which is not publicly available and is only disclosed on a need-to-know basis.

Conflict of Interest means any situation in which an individual's personal, financial or other interests could improperly influence or appear to influence the impartial performance of their duties or decision-making under this Policy.

Good Faith means an honest and reasonable belief, based on the information available at the time, that the reported concern is true or likely to be true, irrespective of whether subsequent investigations substantiate the allegation.

Investigation refers to the formal process of assessing, examining, and determining the facts related to a whistleblowing report to establish whether misconduct has occurred and to recommend appropriate action.

Protected Disclosure means a report of actual, suspected, or attempted misconduct made in good faith under this Policy through the prescribed reporting channels.

Reportable Concern means any actual, suspected or attempted act, omission or practice that constitutes misconduct, unlawful conduct, unethical behaviour or a breach of GCC policies, and which falls within the scope of this Policy.

Retaliation means any direct or indirect adverse action taken against a whistleblower or any person participating in an investigation because they have made, assisted with or participated in a protected disclosure. Retaliation includes dismissal, demotion, intimidation, threats, harassment, discrimination, victimization, denial of opportunities, hostile treatment or any other detrimental action.

Senior Management means the Executive Director and other officers responsible for the day-to-day management and administration of the Organization.

Subject of a Report means any individual or entity alleged to have engaged in misconduct or who is the subject of a whistleblowing report.

Whistleblower means any person covered under this Policy who, in good faith, reports or discloses actual, suspected or attempted misconduct, whether anonymously or otherwise, through the reporting channels established by the Organization.

Whistleblowing means the disclosure, in good faith, of information concerning actual, suspected or attempted misconduct, unlawful conduct, unethical behaviour or other reportable concerns made in accordance with this Policy.

6. GUIDING PRINCIPLES

The implementation of this Policy shall be guided by the following principles:

• Good Faith Reporting: All persons are encouraged to report concerns honestly and in good faith. A report made in good faith shall remain protected under this Policy even where subsequent investigations establish that the allegation was unsubstantiated.
• Confidentiality: The Organization shall treat all whistleblowing reports and investigations confidentially. Information relating to a report shall only be disclosed to persons who require the information for the purposes of receiving, investigating or resolving the matter, or where disclosure is required by law.
• Protection against Retaliation: No person shall suffer dismissal, suspension, harassment, intimidation, discrimination, victimization or any other form of retaliation for making a protected disclosure or participating in an investigation in good faith. Any act of retaliation shall constitute misconduct and may result in disciplinary action.
• Fairness and Natural Justice: Every report shall be assessed objectively and investigated fairly. Persons who are the subject of a report shall be treated with dignity and afforded an opportunity to respond to allegations made against them before any adverse decision is taken.
• Timeliness: The Organization shall acknowledge, assess and investigate whistleblowing reports promptly and take appropriate corrective action within a reasonable timeframe, taking into account the complexity and nature of each case.
• Independence and Impartiality: All whistleblowing reports shall be handled independently and impartially. Any person with an actual or perceived conflict of interest in a matter shall immediately disclose the conflict and recuse themselves from the assessment, investigation or decision-making process.
• Accountability: All reports received under this Policy shall be appropriately documented, investigated where necessary, and concluded with recommendations and corrective actions. GCC shall maintain accurate records to promote accountability, organizational learning and continuous improvement.
• Non-Retaliation and Support: Where appropriate, the Organization shall take reasonable measures to protect whistleblowers, witnesses and other persons participating in investigations from retaliation or intimidation and may implement interim protective measures where necessary.
• Zero Tolerance for Misconduct: GCC adopts a zero-tolerance approach to fraud, corruption, abuse, safeguarding violations, financial impropriety, discrimination, sexual harassment, abuse of authority and all other forms of misconduct. All credible allegations shall be taken seriously and addressed in accordance with this Policy.

7. REPORTABLE CONCERNS

A Whistleblower is encouraged to make a Protected Disclosure where they have reasonable grounds to believe that any actual, suspected or attempted misconduct, unlawful conduct or unethical behaviour has occurred, is occurring or is likely to occur.

Without limiting the generality of this provision, Reportable Concerns include:

1. Fraud and Financial Misconduct – Any act of theft, fraud, embezzlement, misappropriation of funds or assets, falsification of financial records or supporting documents, unauthorized expenditure, misuse of organizational resources, procurement irregularities, financial conflicts of interest, or deliberate financial misrepresentation.
2. Corruption and Bribery – Any act involving the offering, soliciting or receiving of bribes, kickbacks, secret commissions, abuse of office for personal benefit, favouritism, nepotism, patronage in recruitment, procurement or programme implementation, extortion, or any other conduct contrary to applicable anti-corruption laws.
3. Safeguarding Concerns – Any conduct that exposes or is likely to expose a child, vulnerable adult, beneficiary or community member to harm, including child abuse, neglect, sexual exploitation or abuse, sexual harassment, physical, emotional or psychological abuse, online exploitation, bullying, exploitation of beneficiaries, or any breach of the GCC Child Protection and Safeguarding Policy, and where such concerns involve children or vulnerable adults they shall be managed in accordance with both this Policy and the GCC Child Protection and Safeguarding Policy.
4. Workplace Misconduct – Any act of discrimination, harassment, workplace violence, intimidation, abuse of authority, victimization, retaliation against a Whistleblower, gross misconduct, or any serious breach of the GCC Code of Conduct.
5. Human Resource Irregularities – Any recruitment malpractice, manipulation of recruitment processes, unfair disciplinary practices, falsification of employment records, payroll fraud, or deliberate abuse of employment procedures.
6. Breach of Law or Organizational Policies – Any violation of applicable laws, donor conditions, GCC policies, unauthorized disclosure or misuse of confidential information, breach of the GCC Data Protection Policy, obstruction of investigations, or any other unlawful or unethical conduct affecting the Organization.
7. Health, Safety and Environmental Concerns – Any unsafe working conditions, deliberate disregard of occupational health and safety measures, conduct likely to expose staff, beneficiaries or members of the public to harm, or environmental violations arising from GCC's operations.
8. Misuse of Organizational Resources – Any unauthorized, improper or fraudulent use of GCC funds, vehicles, equipment, donor resources, property or any other organizational asset for personal or unauthorized purposes.
9. Abuse of Organizational Authority – Any abuse of delegated authority, improper influence over decision-making, misuse of official position, coercion, victimization of staff or beneficiaries, or any improper exercise of authority for personal or improper advantage.
10. Concealment of Misconduct – Any deliberate act intended to conceal wrongdoing, including the destruction or alteration of evidence, interference with witnesses, failure to report known misconduct, obstruction of investigations, or directing, encouraging or assisting another person to conceal misconduct.
11. Other Serious Misconduct – Any other act or omission that seriously damages or is likely to damage the integrity, reputation or operations of GCC, exposes the Organization to legal or financial liability, undermines donor confidence, poses a significant risk to beneficiaries, employees or the public, or is otherwise inconsistent with the Organization's values, mission and ethical standards.

Every person covered by this Policy has a responsibility to report any Reportable Concern that comes to their attention as soon as reasonably practicable through the reporting mechanisms established under this Policy.

Failure to report a known or reasonably suspected Reportable Concern, particularly one involving safeguarding, fraud, corruption or any other serious misconduct, may itself constitute misconduct and may result in appropriate administrative, disciplinary or other lawful action.

A Whistleblower is not required to prove that the alleged misconduct has occurred before making a Protected Disclosure, provided that the report is made in Good Faith and is based on a reasonable belief that the information disclosed is true or likely to be true at the time of reporting.

A Protected Disclosure made in Good Faith shall qualify for protection under this Policy notwithstanding that an Investigation subsequently determines that the allegation cannot be substantiated.

No Whistleblower shall be subjected to retaliation, disciplinary action or any other adverse treatment solely because a Protected Disclosure made in Good Faith is not substantiated following an Investigation.

8. MATTERS EXCLUDED FROM THIS POLICY

This Policy is intended to address disclosures made in the public interest and shall not ordinarily be used for matters that are more appropriately addressed through other GCC policies or procedures.

The following matters are generally excluded from the scope of this Policy:

1. personal employment grievances that affect only the individual complainant, unless they involve fraud, corruption, discrimination, abuse of authority or another Reportable Concern;
2. routine human resource matters that are appropriately dealt with under the Human Resource Policy;
3. interpersonal disagreements or conflicts that do not involve misconduct;
4. dissatisfaction with lawful management decisions or organizational policies;
5. complaints that are knowingly false, malicious or made in bad faith;
6. matters that have already been investigated and determined, unless new and credible evidence becomes available.

Where a report falls outside the scope of this Policy, GCC may refer the matter to the appropriate internal mechanism, including the Human Resource Policy, Child Protection and Safeguarding Policy, Sexual Harassment Policy or any other applicable procedure.

10. REPORTING PROCEDURES

Reporting Channels

A Whistleblower may make a Protected Disclosure verbally or in writing through any reporting channel established by GCC.

Reports may be submitted to the immediate supervisor, Executive Director, Legal and Compliance Officer, Safeguarding Focal Point, Chairperson of the Board where the report concerns Senior Management, or through any confidential reporting mechanism designated by the Organization, including an official email address, telephone line, suggestion box or secure electronic platform.

The dedicated email address for purposes of making a protected disclosure is giftedcommunitypwd@hotmail.com. A whistleblower is also encouraged to make such a disclosure via the GCC's dedicated phone number +254790510707 or drop a message in the suggestion box in front of the physical office.

Where a Whistleblower reasonably believes that internal reporting is inappropriate, compromised or likely to expose them to retaliation, they may report the matter directly to the Board, a competent regulatory authority or a law enforcement agency, as permitted by law.

Anonymous Reports

GCC shall accept anonymous reports and shall assess them in the same manner as identified reports, provided that sufficient information is available to enable a meaningful assessment or investigation.

The anonymous nature of a report shall not, by itself, be a reason for rejecting or disregarding the report.

Information to be provided

To facilitate effective assessment and investigation, a Whistleblower should, where possible, provide sufficient information including the nature of the concern, the persons involved, the date, time and location of the incident, any supporting evidence available and the names of any witnesses.

A report shall not be rejected solely because the Whistleblower is unable to provide all the information listed in Clause 9.3.1, provided that the report is made in Good Faith and contains sufficient information to warrant further assessment.

PROTECTION OF WHISTLEBLOWERS

Protection from Retaliation

No Whistleblower, witness or any other person participating in an Investigation shall be subjected to Retaliation for making or assisting in a Protected Disclosure in Good Faith.

Any person who engages in Retaliation against a Whistleblower, witness or participant in an Investigation commits misconduct and shall be subject to appropriate disciplinary or corrective action.

Interim Protective Measures

Where necessary to protect a Whistleblower, witness or any other affected person, GCC may implement appropriate interim protective measures, including changes to reporting arrangements, temporary reassignment of duties, restriction of contact between the parties or any other reasonable measure necessary to prevent Retaliation or further harm.

Confidentiality

The identity of a Whistleblower, together with all Confidential Information relating to a Protected Disclosure, shall be kept confidential and disclosed only where necessary for the purposes of conducting an Investigation, implementing corrective action, safeguarding affected persons or where disclosure is required by law.

All persons involved in receiving, assessing or investigating a Protected Disclosure shall maintain strict confidentiality throughout the process and after its conclusion.

Support for Whistleblowers

Where appropriate, GCC shall provide reasonable support to Whistleblowers, witnesses and other affected persons, including information on available reporting procedures, psychosocial support where necessary, reasonable workplace accommodations and referral to appropriate services where circumstances warrant.

ASSESSMENT AND INVESTIGATION OF REPORTS

Receipt and Preliminary Assessment

Upon receipt of a Protected Disclosure, the designated receiving officer shall acknowledge receipt, where practicable, conduct a preliminary assessment of the information provided, and determine whether the report falls within the scope of this Policy.

The preliminary assessment shall determine whether the report discloses a Reportable Concern, whether immediate protective measures are required, whether the matter should be referred to another internal policy or procedure, and whether a formal Investigation should be commenced.

Where the report concerns a child, vulnerable adult or any safeguarding matter, the receiving officer shall immediately refer the matter to the Safeguarding Focal Point and manage it in accordance with the GCC Child Protection and Safeguarding Policy.

Appointment of Investigators

Where a formal Investigation is required, the Executive Director or other authorized officer shall appoint one or more competent and impartial persons to conduct the Investigation.

Any person appointed to conduct an Investigation who has an actual or perceived Conflict of Interest shall immediately disclose the conflict and recuse themselves from the matter, and another investigator shall be appointed.

Where the Protected Disclosure concerns the Executive Director, a member of Senior Management or any person responsible for receiving reports under this Policy, the Chairperson of the Board shall appoint an independent investigator or investigation committee.

Conduct of Investigations

Every Investigation shall be conducted promptly, impartially, confidentially and in accordance with the principles of fairness, natural justice and due process.

The investigator shall have authority to interview relevant persons, examine documents and records, collect evidence and take any other reasonable steps necessary to establish the facts of the matter.

The Subject of a Report shall be informed of the allegations at an appropriate stage of the Investigation, be given a reasonable opportunity to respond, and shall be treated fairly throughout the process.

Where necessary, GCC may implement appropriate interim administrative or safeguarding measures during the Investigation, provided that such measures shall not be construed as disciplinary action or a determination of liability.

Investigation Report

Upon completion of the Investigation, the investigator shall prepare a written report setting out the allegations, evidence considered, findings, conclusions and recommendations for appropriate corrective or disciplinary action, where applicable.

The investigation report shall be submitted to the Executive Director or the appropriate decision-making authority for consideration and implementation, provided that where the report concerns the Executive Director or a member of Senior Management, it shall be submitted directly to the Board.

Investigation Timelines

GCC shall endeavour to conclude Investigations within thirty (30) days from the date of commencement.

Where the complexity or nature of a matter makes it impracticable to conclude the Investigation within the prescribed period, the investigator shall document the reasons for the delay and provide periodic updates to the appropriate authority until the matter is concluded.

OUTCOMES AND CORRECTIVE ACTION

Where a Protected Disclosure is substantiated, GCC shall take appropriate corrective, disciplinary, administrative or legal action proportionate to the nature and seriousness of the misconduct.

Corrective action may include disciplinary proceedings, recovery of assets or funds, policy or procedural improvements, staff training, referral to regulatory or law enforcement authorities, termination or suspension of contracts, safeguarding interventions, or any other lawful measure considered appropriate.

Where an Investigation establishes that no misconduct occurred, the matter shall be formally closed and reasonable steps taken to restore the reputation of any person who may have been unfairly implicated, where appropriate.

Where an Investigation identifies weaknesses in GCC's systems, policies or internal controls, Management shall take appropriate measures to address those weaknesses and prevent similar occurrences in the future.

The outcome of an Investigation shall, where appropriate and lawful, be communicated to the Whistleblower, taking into account confidentiality, privacy rights and any legal or safeguarding considerations.

FALSE, MALICIOUS OR BAD FAITH REPORTS

GCC encourages all persons to make Protected Disclosures in Good Faith and shall not discourage any person from reporting a genuine concern, even where an Investigation subsequently establishes that the allegation cannot be substantiated.

A report shall only be considered false, malicious or made in bad faith where it is established, on the balance of probabilities, that the Whistleblower knowingly made false allegations or deliberately provided misleading information with the intention of causing harm, misleading the Organization or obtaining an improper advantage.

Any person who knowingly makes a false, malicious or bad faith report may be subject to appropriate disciplinary, administrative or legal action in accordance with applicable laws and GCC policies.

The inability to substantiate a report, an honest mistake, or an error in judgment shall not, by itself, constitute a false or malicious report.

RECORD KEEPING AND DATA PROTECTION

GCC shall maintain accurate, secure and confidential records of all Protected Disclosures, assessments, Investigations, findings, decisions and corrective actions taken under this Policy.

A confidential Whistleblowing Register shall be maintained by the Legal and Compliance Officer or such other officer as may be designated by the Organization and shall record, at a minimum, the case reference number, date reported, nature of the concern, status of the Investigation, outcome and date of closure.

All records created or maintained under this Policy shall be classified as Confidential Information and shall be collected, processed, stored, accessed, retained and disposed of in accordance with the GCC Data Protection Policy and applicable data protection laws.

Access to whistleblowing records shall be restricted to authorized persons who require the information for the proper performance of their official duties.

ROLES AND RESPONSIBILITIES

Board of Directors: The Board shall provide oversight over the implementation of this Policy, promote a culture of integrity and accountability, receive reports on significant whistleblowing matters where appropriate, and ensure that adequate resources are available for the effective implementation of this Policy.

Senior Management: Senior Management shall ensure the effective implementation of this Policy, promote ethical conduct, encourage the reporting of misconduct, ensure that reports are handled promptly and fairly, implement recommendations arising from Investigations, and monitor compliance with this Policy.

Legal and Compliance Officer: The Legal and Compliance Officer shall advise Management on compliance with this Policy, monitor implementation, and prepare periodic compliance reports.

Managers and Supervisors: Managers and Supervisors shall foster an environment that encourages ethical conduct, promptly report or escalate Reportable Concerns, cooperate with Investigations, protect Whistleblowers from Retaliation, and support the implementation of corrective actions.

Employees and Other Persons Covered by this Policy: Every person to whom this Policy applies shall comply with this Policy, promptly report any Reportable Concern, cooperate with lawful Investigations, maintain confidentiality, and refrain from engaging in or facilitating Retaliation or any act intended to obstruct the reporting or investigation of misconduct.

TRAINING, MONITORING AND POLICY REVIEW

GCC shall promote awareness of this Policy by providing periodic communication, induction and training to employees, volunteers, Board members, consultants and other persons covered by this Policy.

Persons responsible for receiving, assessing or investigating Protected Disclosures shall receive appropriate training on whistleblowing management, confidentiality, investigation procedures, conflict of interest, procedural fairness and records management.

The Legal and Compliance Officer shall periodically monitor the implementation of this Policy, review trends arising from whistleblowing reports, identify systemic risks and recommend appropriate corrective or preventive measures to Management.

This Policy shall be reviewed at least once every two (2) years, or earlier where necessary to reflect changes in applicable laws, organizational needs, operational experience or emerging best practices.

Any amendment to this Policy shall be approved by the Board of Directors upon the recommendation of Management.

POLICY APPROVAL

This Policy was approved by the Board of Directors of Gifted Community Center and shall take effect on the date of its approval.

Adopted and signed on August 01, 2026, during GCC's board meeting.

Chairperson     Secretary     Treasurer