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Witness Protection Act

Purpose Of The Act

The Purpose Of The Act Is To provide For The Protection Of Witnesses In Criminal Cases And Other Proceedings, To Establish A Witness Protection Agency And Provide For Its Powers, Functions, Management And Administration, And For Connected Purposes.

A person shall be a protected person for the purpose of this Act if that person qualifies for protection;

(a) by virtue of being related to a witness; or
(b) on account of a testimony given by a witness; or
(c) for any other reason which the Director may consider sufficient.

Section 3d (2)

A person who fails to comply with a direction of the Agency issued under subsection (1) (i), commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding one year or both.

(a) such moneys as Consolidated Fund, grants or gifts ; ( Section 3H)
(b) such moneys as may be realized from any property forfeited to the Government in connection with a crime
(c) grants, gifts, donations or bequests made to the Fund by any person and received by the Agency with the approval of the Minister, where such receipt does not occasion a conflict of interest in the performance of the Agency’s functions under this Act;
(d) moneys earned or arising from any investment of the Fund;
(e) all other moneys which may in any manner become payable to, or vested in, the Fund.
(3) Where under subsection (2) (b), any immovable property is assigned to the Fund, the Agency shall deal with the property in such manner as it thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established.

(a) restitution to a victim, or to the family of a victim of a crime committed by any person during a period when such person is provided protection under this Act;
(b) compensation for the death of a victim of a crime committed by any person during a period when such person is provided protection under this Act, to the family of such victim; and
(c) any moneys required to meet expenses relating to any other matter incidental to or connected with the matters stated in paragraphs (a) and (b) above.

Section 3 M

a. For the purposes of their functions under the Act, the Director, assistant directors and protection officers shall have the powers, privileges and immunities of a police officer in addition to any other powers they may have under the Act.
b. The Director shall issue to every member of staff of the Agency on appointment, a certificate of identity and appointment in such form as the Agency may prescribe, which shall be evidence of the appointment for the purposes of this Act.
c. A person appointed as a member of staff of the Agency and issued with an appointment certificate shall have authority to carry concealed official firearms and ammunition.

a. Functions of the Board
i) to advise the Agency generally on the exercise of its powers and the performance of its functions
ii) advise on the formulation of witness protection policies in accordance with the current law and international best practices;
iii) have general oversight on the administration of the Agency;
iv) approve the budgetary estimates of the Agency; and
v) perform any other functions as may be conferred by this Act or any other law.

Section 3 U

The Tribunal shall review and determine grievances by persons not satisfied with the decisions or orders of the Agency relating to admissions or terminations of placement into the programme.
The procedures for the conduct of the affairs of the Tribunal shall be in accordance with rules made by the Chief Justice.

Section 4

The Agency shall establish and maintain a witness protection programme and shall take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons by;
(a) physical and armed protection;
(b) relocation;
(c) change of identity; or
(d) any other measure necessary to ensure the safety of a protected person.
(e) may request the courts, to;
(i) holding in camera or closed sessions;
(ii) the use of pseudonyms;
(iii) the reduction of identifying information;
(iv) the use of video link; or
(v) employing measures to obscure or distort the identity of the witness.
(f) support measures to facilitate the integration of the protected person
(g) a) to allow a witness to establish a new identity;
(h) otherwise to protect the witness; or
(c) to restore a former participant’s former identity.

Section 5

A. the Director of witness Protection Agency has decided that the witness be so included;
B. the person agrees to be included; and
C. Through a memorandum of understanding (in accordance with section 7) is signed by the witness or a parent or guardian of the person if the person is under the age of eighteen years or a guardian or other person who is usually responsible for the care and control of the person, if the person otherwise lacks legal capacity to sign it.

Section 7

The Memorandum of Understanding to apply for Witness Protection may contain;
(a) set out the basis on which a participant is included in the programme and details of the protection and assistance which are to be provided; and (COMPULSORY)
(b) contain a provision to the effect that protection and assistance under the programme may be terminated if the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme. (COMPULSORY)
(c) any outstanding legal obligations of the participant and how they are to be dealt with;
(d) any legal obligations which the participant may or may not enter into;
(e) the surrender and issue of passports and other identification documents;
(f) the taking, provision and retention of photographs of the participant;
(g) the issue of any documents relating to the new identity of the participant;
(h) the prohibition of the participant from engaging in specified activities;
(i) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships;
(j) any other obligations of the participant;
(k) consequences of the participant’s failing to comply with the provisions of the memorandum of understanding; and
(l) any other matter for which it may be necessary or expedient to make provision in the circumstances of the case.
(m) a statement advising the participant of his right to complain to the Director about the conduct of any member of staff in relation to the matters dealt with in the memorandum.
(n) signed by or on behalf of the witness in the presence of the Director of a member of staff designated by the Director for the purposes of this section.
D. A witness becomes included in the programme when the Director or a member of staff designated by him signs the memorandum of understanding.
E. The Director shall, as soon as practicable after a memorandum of understanding is duly signed, notify the relevant participant that it has been signed.
F. A memorandum of understanding may be varied with the consent of the participant and the Director.

Section 9

The Director may include in the programme on a temporary basis a witness who, in the Director’s opinion, is in urgent need of protection before full compliance of requirements.
The Director may require an interim memorandum of understanding to be signed by or on behalf of the witness.

 Section 10

a. By the witness in writing
b. By the Director where;
(i) the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme.

(ii) anything done or intended to be done by the participant is, in the opinion of the Director, likely to threaten the security or compromise the integrity of the programme; or
(iii) the circumstances which gave rise to the need for protection and assistance for the participant have ceased to exist, the Director shall notify any law enforcement agency which is interested in the decision.

Section 11

Protection and assistance provided under the programme to a participant may be suspended by the Director for a reasonable period determined by the Director if he is satisfied that the participant has done or intends to do something which limits the ability of the Director to provide adequate protection to the participant.
the Director shall notify any law enforcement agency which is interested in the decision.

For more information and assistance, contact the Witness Protection Agency from their address below

Head Office (Nairobi)

Witness Protection Agency – Kenya.
P.O. Box 28801-00100, Nairobi, Kenya,
Liaison office Milimani Law Courts,
4th Floor, Room 413.
[email protected]; [email protected]
Tel: +254 7121337/8,
Toll Free: 0800 720 460,
Hotlines: 0711222441, 0725222442
www.wpa.go.ke

 

Kisumu Office

Kisumu Law Courts Building,
Uhuru Road,
Cellphone: 0707-753629, 0790-940313
Email: [email protected]

 

Mombasa Office

Mombasa Law Courts Building,
Off Dedan Kimathi Avenue,
Mama Ngina Drive,
Cellphone: 0726-805556,
Email:[email protected]

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