[2025] KEHC 1709 (KLR)
The court found that the application for witness protection was urgent and justified, given the evidence that the witnesses were already under the Witness Protection Agency and were key to the prosecution's case. The court held that the legal framework under the Constitution and the Witness Protection Act empowers...
Source-derived case information.
- Citation
- [2025] KEHC 1709 (KLR)
- Parties
- Applicant: Republic (Ex-Parte); Defendant: Sarah Wairimu Kamotho
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Criminal Case E001 of 2025
- Procedural Posture
- Criminal Case / Ruling on Application for Witness Protection Orders
- Outcome
- application for witness protection orders granted
- Judges
- DR Kavedza
- Legal Topics
- Witness Protection, In Camera Proceedings, Anonymity Orders, Public Interest, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (Ex-Parte)
Applicant
Sarah Wairimu Kamotho
Defendant
Procedural Posture
Criminal Case / Ruling on Application for Witness Protection Orders
Legal Issues
- 1 Whether the witnesses in the criminal case qualify for protection under the Witness Protection Act and Article 50 of the Constitution.
- 2 Whether the court should grant orders for in camera testimony, use of pseudonyms, redaction of identities, and media restrictions to protect the witnesses.
Ratio Decidendi
The court found that the application for witness protection was urgent and justified, given the evidence that the witnesses were already under the Witness Protection Agency and were key to the prosecution's case. The court held that the legal framework under the Constitution and the Witness Protection Act empowers it to grant protective measures, including in camera proceedings, use of pseudonyms, redaction of identities, and media restrictions. The court determined that these measures were necessary to safeguard the witnesses, uphold the public interest, and ensure a fair trial. Accordingly, the court granted all the protective orders sought by the applicant.
Court Disposition
application for witness protection orders granted
Orders
- The application dated 7th January 2025 is certified urgent and confidential.
- The subject witnesses shall testify in camera from the witness protection box.
Full Case Text
Judgment text and source record
22 paragraphs
Republic (Ex-Parte) v Kamotho (Criminal Case E001 of 2025) [2025] KEHC 1709 (KLR) (10 February 2025) (Ruling)
Neutral citation: [2025] KEHC 1709 (KLR)
Republic of Kenya
In the High Court at Kibera
Criminal Case E001 of 2025
DR Kavedza, J
February 10, 2025
IN THE MATTER OF THE WITNESS PROTECTION ACT NO. 16 OF 2006
AND
IN THE MATTER OF APPLICATION FOR ORDERS OF WITNESS PROTECTION
Between
Republic (Ex-Parte)
Applicant
and
Sarah Wairimu Kamotho
Accused
Ruling
1. The ex-parte applicant filed a notice of motion dated 7th January 2025 under Articles 50(2)(8) and (9) of the Constitutionof Kenya, Sections 4(3), 5, 7, 15, and 16 of the Witness Protection Act, Rule 17 of the Witness Protection Rules 2015, and other relevant provisions.
2. The Applicant seeks orders for the protection of two witnesses in this case. Specifically, the Applicant prays that the witnesses testify in camera, from within a witness protection box, with their identities redacted and the use of pseudonyms. Additionally, the Applicant seeks the use of voice distortion technology, and that the media be prohibited from disclosing their identities. The Applicant further prays that the proceedings be conducted with strict confidentiality and that the Court grant any additional protective orders it deems necessary.
3. The application is supported by the grounds set out in the accompanying affidavit, which states that the witnesses are key to the prosecution's case against the accused. Given that the Witness Protection Agency has already placed them under its protection, the Applicant submits that the orders sought will enhance their security. The Applicant further contends that granting these orders is in the public interest and urges the Court to allow the application.
4. Having considered the application, supporting affidavit, and relevant law, I am satisfied that the matter is of utmost urgency. Based on the evidence presented, the witnesses qualify for legal protection in line with Article 50 of the Constitutionof Kenya. Consequently, I hereby make the following witness protection orders in Court Criminal Case No. E001 of 2025:I.The application dated 7th January 2025 is certified urgent and confidential.II.The subject witnesses shall testify in camera from the witness protection box.III.The names of the subject witnesses shall be redacted before being disclosed to the accused.IV.The subject witnesses shall use pseudo names in giving testimony before court as may be assigned by the Prosecution/Witness Protection Agency.V.The media both print and broadcast are hereby barred from disclosing the names and images of the subject witnesses.VI.The testimony of the two witnesses shall be taken in a court that is equipped with the necessary protection facilities to ensure compliance with these orders.Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 10THDAY OF FEBRUARY 2025________________D. KAVEDZAJUDGE