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State of <strong>Judiciary</strong> 2011-2012<br />
85<br />
FEDERATION<br />
OF WOMEN<br />
LAWYERS KENYA<br />
Appointed to the National Council on the<br />
Administration of Justice<br />
FIDA Kenya actively participates in the<br />
Nairobi, Kisumu and Mombasa CUCs<br />
Participated in the Judicial Marches 2012<br />
and increased public awareness of judicial<br />
processes, mechanisms and access to legal<br />
services<br />
Partnered with the <strong>Judiciary</strong> Training Institute<br />
to organise sensitisation training workshops<br />
for judicial officers across the country<br />
Lack of sufficient personnel to<br />
deal with Persons with Disabilities.<br />
<strong>The</strong>re is a shortage of court staff<br />
trained in Sign Language<br />
Enact the rules on mediation<br />
Undertake the standardisation,<br />
regulation and appointment of informal<br />
justice system and paralegals to ensure<br />
uniformity and accountability in the two<br />
avenues of seeking justice<br />
WITNESS<br />
PROTECTION<br />
AGENCY<br />
Implementation of the Witness Protection<br />
Act (Cap. 79 Laws of Kenya) and the formal<br />
establishment of the Agency in November<br />
2011<br />
Development of the Witness Protection<br />
Agency Strategic Plan 2011-2013<br />
Establishment of a framework and<br />
procedures for providing special protection<br />
to potential witnesses at risk<br />
Implementation of the Witness Protection<br />
Programme- highlights include:<br />
88 processed applications for witness<br />
protection<br />
19 placed witnesses & 56 related persons<br />
under protection<br />
31 interventions made as appropriate<br />
4 court orders obtained for witness<br />
protection<br />
3187 persons including senior public officers<br />
sensitised on the Witness Protection Act<br />
through workshops<br />
Established 18 inter-agency linkages &<br />
collaboration mechanisms to facilitate<br />
relocation of witnesses for safety & capacity<br />
building<br />
Red tape has hindered<br />
implementation of the witness<br />
protection programme especially<br />
the recruitment of staff<br />
Lack of a public awareness<br />
strategy<br />
Delays in judicial processes<br />
significantly increases costs of<br />
maintaining witnesses & their<br />
dependants in the programme<br />
<strong>The</strong> absence of a formal<br />
mechanism for judicial protection<br />
endangers witnesses. Institute<br />
measures such as: protection<br />
boxes, screens & holding rooms<br />
for protected witnesses waiting<br />
to testify<br />
Enhance collaboration and sector wide<br />
relations through NCAJ<br />
Forge partnerships with other Witness<br />
Protection Agencies for continuous<br />
benchmarking on evolving best<br />
practices in witness protection and<br />
judicial protective measures<br />
Propose appropriate amendments<br />
to legislations impacting on witness<br />
protection<br />
Increase awareness of the mandate of<br />
the Witness Protection Agency across<br />
the justice sector<br />
Advocate an attractive staff and<br />
remuneration package to enable the<br />
agency recruit competent officers<br />
and implement an effective witness<br />
protection programme<br />
THE CRADLE<br />
Drafting Bills and lobbying legislation of the:<br />
Sexual Offences Bill<br />
Counter Trafficking in Persons Bill<br />
Participated in the Kenya Working Group on<br />
the 3 rd Optional Protocol to the CRC, now<br />
adopted by the HRC<br />
Training of pro bono lawyers countrywide<br />
Filling of P3 Forms by government<br />
doctors and clinicians who insist<br />
on payment to facilitate court<br />
appearance<br />
Weaknesses in the juvenile justice<br />
system resulting in children in<br />
need of protection being held<br />
with children in conflict with the<br />
law in the same facilities<br />
Lack of courts in various parts of<br />
the country<br />
Enhance collaboration with judicial<br />
officers making periodic visits to children<br />
remand homes<br />
Secure the nationwide jurisdiction of<br />
Children’s Court Magistrates as opposed<br />
to station jurisdiction that is lost upon<br />
transfer<br />
Establish (mobile) courts
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