[2023] KEHC 222 (KLR)
The court held that the application for witness protection was incompetent and premature because the applicants had not first approached the Witness Protection Agency for assessment and inclusion in the programme as required by law. The statutory process mandates that the Director of the Witness Protection Agency is...
Source-derived case information.
- Citation
- [2023] KEHC 222 (KLR)
- Parties
- Applicant: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E004 of 2023
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Application for Witness Protection
- Outcome
- application struck out
- Judges
- RE Aburili
- Legal Topics
- Witness Protection, Criminal Procedure, Admission to Protection Programme
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Procedural Posture
Miscellaneous Criminal Application / Ruling on Application for Witness Protection
Legal Issues
- 1 Whether the application for witness protection was properly before the court in accordance with the Witness Protection Act.
- 2 Whether the applicants had complied with the statutory process for admission into the witness protection programme.
Ratio Decidendi
The court held that the application for witness protection was incompetent and premature because the applicants had not first approached the Witness Protection Agency for assessment and inclusion in the programme as required by law. The statutory process mandates that the Director of the Witness Protection Agency is responsible for admitting persons into the programme, and only after assessment and a memorandum of understanding can an application be properly made to the court. Since this process was not followed, the court declined to entertain the application and directed the applicant to first comply with the statutory requirements.
Court Disposition
application struck out
Orders
- The application for witness protection is struck out.
- The applicant is directed to approach the Witness Protection Agency for assessment and coordination.
Full Case Text
Judgment text and source record
19 paragraphs
In re Witness Protection Act (Miscellaneous Criminal Application E004 of 2023) [2023] KEHC 222 (KLR) (24 January 2023) (Ruling)
Neutral citation: [2023] KEHC 222 (KLR)
Republic of Kenya
In the High Court at Siaya
Miscellaneous Criminal Application E004 of 2023
RE Aburili, J
January 24, 2023
IN THE MATTER OF ARTICLE 50 OF THE CONSTITUTION AND IN THE MATTER OF WITNESS PROTECTION ACT AND IN THE MATTER OF WITNESS PROTECTION RULES, 2015 AND IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION
In the matter of
Republic
Applicant
Ruling
1. I have considered the application dated January 20, 2023 for witness protection as filed by the firm of Felix O Oketch Advocates.
2. I find the application incompetent and premature and contrary to the law for reasons that the person or persons named as witnesses seeking for protection have not approached the Witness Protection Agency (WPA) for assessment and a memorandum of understanding reached with witness protection agency in accordance with section 7 of the Witness Protection Act cap 79 Laws of Kenya.
3. Under section 5 of the act, the decision to admit into or exclude any person from the witness protection programme is the responsibility of the director of witness protection agency and it has not been shown that the applicants have approached the witness protection agency for inclusion in the programme and the process complied with.
4. I decline the application and direct the applicant to approach the witness protection agency for coordination upon which he/they will be assessed and the witness protection agency will make an appropriate application before this court under a confidential file for consideration. The application is struck out.
5. I so order.
6. This file is closed.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 24TH DAY OF JANUARY, 2023R.E. ABURILIJUDGE