The Witness Protection Act is a legislation in Kenya that provides for the protection, support, and welfare of witnesses who cooperate with law enforcement agencies and the justice system in criminal proceedings. The Witness Protection Act is based on the Witness Protection Act, No. 16 of 2006, and subsequent amendments.
The Witness Protection Act aims to encourage witnesses to come forward and provide crucial testimony in criminal cases, particularly in situations where their safety and well-being may be at risk. It establishes mechanisms and procedures to ensure the security and protection of witnesses and their families.
Key provisions of the Witness Protection Act include:
Witness Protection Program: The Act establishes a Witness Protection Program, which is responsible for providing protection and support to witnesses, their families, and other persons who may be affected as a result of their cooperation. The program operates under the authority of the Witness Protection Agency.
Eligibility and Application: The Act specifies the eligibility criteria for individuals to enter the Witness Protection Program. It outlines the application process, including the assessment and verification of the potential risks and merits of the case.
Protection Measures: The Act provides for various protection measures that can be taken to ensure the safety and security of witnesses. These measures may include the relocation of witnesses, provision of new identities, physical security arrangements, and financial support.
Confidentiality: The Act emphasizes the importance of maintaining the confidentiality of information related to witnesses and their identities. It prohibits the unauthorized disclosure of such information and imposes penalties for violations.
Cooperation and Obligations: The Act sets out the obligations and responsibilities of witnesses who enter the Witness Protection Program. Witnesses are expected to cooperate fully with law enforcement agencies and the justice system and adhere to the conditions and rules specified under the program.
Offenses and Penalties: The Act includes provisions for offenses related to the misuse of witness protection information, interference with witnesses, and obstruction of the Witness Protection Program. It prescribes penalties for such offenses.