[2021] KEHC 7285 (KLR)
The court found that the application for witness protection was urgent and merited, based on the grounds and supporting affidavit indicating that the witnesses faced threats. The court determined that the protection of witnesses is essential for the administration of justice and the fair trial rights enshrined in...
Source-derived case information.
- Citation
- [2021] KEHC 7285 (KLR)
- Parties
- Applicant: Witness Protection Agency; Respondent: Republic of Kenya
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Criminal Miscellaneous Application E026 of 2021
- Procedural Posture
- Criminal Miscellaneous Application / Ex Parte Application for Witness Protection Orders
- Outcome
- application granted
- Judges
- RE Aburili
- Legal Topics
- Witness Protection, In Camera Hearings, Use of Pseudonyms, Court Security
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Witness Protection Agency
Applicant
Republic of Kenya
Respondent
Procedural Posture
Criminal Miscellaneous Application / Ex Parte Application for Witness Protection Orders
Legal Issues
- 1 Whether the witnesses in Bondo Law Courts Criminal Case No. 6B1/107A/2020 are entitled to protection under the Witness Protection Act.
- 2 Whether the court should grant orders for the witnesses to testify in camera and use pseudonyms.
Ratio Decidendi
The court found that the application for witness protection was urgent and merited, based on the grounds and supporting affidavit indicating that the witnesses faced threats. The court determined that the protection of witnesses is essential for the administration of justice and the fair trial rights enshrined in Article 50 of the Constitution. Accordingly, the court granted the orders sought, allowing the protected witnesses to testify in camera, use pseudonyms, and use the witness box during their testimony in the relevant criminal proceedings.
Court Disposition
application granted
Orders
- The protected witnesses in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. EO78/2020 shall testify in camera or closed session.
- The protected witnesses shall use pseudonyms during the hearing of their evidence in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. EO78/2020.
Full Case Text
Judgment text and source record
21 paragraphs
REPULIC OF KENYA
IN THE HIGH COURT OF KENYA
AT SIAYA
CRIMINAL MISC APPLICATION CASE E026 OF 2021
IN THE MATTER OF ARTICLE 50 OF THE CONSTITUTION
IN THE MATTER OF THE WITNESS PROTECTION ACT
IN THE MATTER OF THE WITNESS PROTECTIOIN RULES, 2015
AND
IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION
RULING
1. I have considered the application dated 20. 1.2021 by the Witness Protection Act filed Under Certificate of Urgency. I certify it as Urgent.
2. On the merits thereof, I have considered the grounds, the supporting affidavit and the annextures thereof. I observe that this is an exparte application for protection of witnesses who are under threat. Accordingly, I grant the prayers sought in the application brought by way of Chamber Summons dated 20. 1.2021 in terms of prayer: 2, 3, 4 and 5.
3. I therefore make the following orders:
a. That the protected witnesses in Bondo Law Courts Criminal Case No. 6B1/107/A/2020, Court File No. EO78/2020 shall testify in camera or closed session;
b. That the said protected witnesses to use pseudonyms during the hearing of their evidence in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. EO78/2020;
c. That the protected witnesses to use the witness box during the taking of their evidence in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. E078/2020;
d. File is closed.
e. Orders accordingly.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH JANUARY, 2021
R. E. ABURILI
JUDGE