Bench Bulletin - Issue 12 - Kenya Law Reports

KENYA LAW REPORTS
BENCH BULLETIN
LEGISLATIVE UPDATE
FROM THE LEGISLATION NOTICE BOARD; A SYNOPSIS OF THE WITNESS PROTECTION
AMENDMENT ACT 2010
By Ann Asugah, Ag. Assistant Editor and Head of Laws of Kenya Department
In the quarter ended April to June 2010, five (5) Bills were published for debate in Parliament;
1. The Wildlife (Conservation and Management) (Amendment) Bill 2010
2. The Tea (Amendment) Bill 2010
3. The Finance Bill 2010
4. The Insurance (Motor Vehicle Third Party Risks) (Amendment) Bill, 2010
The Bills are at various stages of debate in the August House.
In the same Quarter, Parliament passed two Acts of Parliament;
1. The Witness Protection(Amendment) Act published in June 2010
2. The Supplementary Appropriation Act 2010
THE WITNESS PROTECTION (AMENDMENT) ACT 2010
The publication of the much awaited Witness Protection (Amendment) Act 2010 (hereinafter called the Amendment
Act) heralds a new dawn for Kenya in the protection of citizenry with sensitive information that poses great risk to
their lives and family. The Act came hot on heels of the International Criminal Court’s verdict authorizing the International
Criminal Court’s Prosecutor Louis Moreno Ocampo to start investigations into the 2007 post election violence in
Kenya. The Act was assented to on 12th May 2010 and Commenced on the same day of assent. Witnesses to the 2007
post election violence have been living in fear of their lives and it’s hoped the implementation of the Act will provide
protection to them and their families.
The Amendment Act seeks to amend the Witness Protection Act No. 16 of 2006 which was enacted to provide for the
protection of witnesses in criminal and other proceedings. The Long title to the Act has now been amended to read:
“An Act of Parliament 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”
The Amending Act introduces three organs to handle matters related to witness protection. I will seek to analyze the
organs as established.
1. The Witness Protection Agency (WPA)
Section 3A of the Amending Act establishes the WPA as a body corporate with perpetual succession, common seal,
capable of suing and being sued. The objects and purpose of the agency is stipulated in section 3B and provides;
3B. (1) The object and purpose of the Agency is to provide the framework and procedures for giving special protection,
on behalf of the State, to persons in possession of important information and who are facing potential risk or intimidation
due to their cooperation with prosecution and other law enforcement agencies
The nature of special protection mentioned in 3B above empowers the Agency to acquire, store, maintain and control
firearms and ammunition and electronic or other necessary equipment, despite the provisions of any other law.
2. The Functions of the WPA are listed in S. 3C of the amending Act and include
• establish and maintain a witness protection programme;
• determine the criteria for admission to and removal from the witness protection programme;
• determine the type of protection measures to be applied;
• advise any Government Ministry, department, agency or any other person on the adoption of strategies
and measures on witness protection; and
• perform such other functions as may be necessary for the better carrying out of the purpose of this Act.
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