[2024] KEHC 13231 (KLR)
The court found that the applicant had demonstrated urgency and necessity for witness protection in the circumstances of JKIA Criminal Case No. E148 of 2024. The evidence showed that the witness is key to the prosecution and faces credible risk. The court held that Article 50 of the Constitution and the Witness...
Source-derived case information.
- Citation
- [2024] KEHC 13231 (KLR)
- Parties
- Applicant: Republic (Ex-Parte)
- Court
- High Court
- Court Station
- High Court at Kibera
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Application E1717 of 2024
- Procedural Posture
- Miscellaneous Criminal Application / Ruling
- Outcome
- application allowed
- Judges
- DR Kavedza
- Legal Topics
- Witness Protection, In Camera Testimony, Confidentiality Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic (Ex-Parte)
Applicant
Procedural Posture
Miscellaneous Criminal Application / Ruling
Legal Issues
- 1 Whether the witness qualifies for protection under the Witness Protection Act and Article 50 of the Constitution.
- 2 Whether interim protective measures should be granted pending risk assessment by the Witness Protection Agency.
- 3 Whether the court should order in camera testimony, use of pseudonyms, and media restrictions to protect the witness.
Ratio Decidendi
The court found that the applicant had demonstrated urgency and necessity for witness protection in the circumstances of JKIA Criminal Case No. E148 of 2024. The evidence showed that the witness is key to the prosecution and faces credible risk. The court held that Article 50 of the Constitution and the Witness Protection Act empower it to grant interim protective measures, including in camera testimony, redaction of the witness's identity, use of pseudonyms, and media restrictions. The court determined that these measures are necessary to protect the witness, ensure a fair trial, and serve the public interest, pending a full risk assessment by the Witness Protection Agency. The...
Court Disposition
application allowed
Orders
- The application dated 29th October 2024 is certified urgent and confidential.
- The subject witness shall testify in camera from the witness protection box.
Full Case Text
Judgment text and source record
17 paragraphs
Republic (Ex-Parte) (Miscellaneous Criminal Application E1717 of 2024) [2024] KEHC 13231 (KLR) (30 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13231 (KLR)
Republic of Kenya
In the High Court at Kibera
Miscellaneous Criminal Application E1717 of 2024
DR Kavedza, J
October 30, 2024
IN THE MATTER OF THE WITNESS PROTECTION ACT NO. 16 OF 2006 AND IN THE MATTER OF APPLICATION FOR ORDERS OF WITNESS PROTECTION
In the matter of
Republic (Ex-Parte)
Applicant
Ruling
1. The ex-parte applicant filed a notice of motion dated 29th October 2024 under Articles 50(2)(8) and (9) of the Constitution of 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. The applicant sought orders for witness protection in JKIA Criminal Case No. E148 of 2024, specifically for witnesses to testify via video link, with their identities redacted before disclosure to the accused. Additionally, the applicant prayed that the witness to use pseudonyms during testimony and for the media to be restricted from revealing the witness’s identity. The applicant further prays that the matter be handled with strict confidentiality and any additional protective orders the court deems appropriate.
2. The grounds supporting the application as averred in the affidavit in support of the application are that the intended witness is key to the case against the accused persons. The applicant seeks interim protective measures pending a risk assessment by the Witness Protection Agency to determine the witness’s eligibility for the programme. The requested orders will complement the protections already provided by the Director of Criminal Investigations. He urges that court to allow the orders which are in the public interest.
3. 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 witness qualifies for legal protection in line with Article 50 of the Constitution of Kenya. Consequently, I hereby make the following witness protection orders in JKIA Chief Magistrate’s Court Criminal Case No. E148 of 2024:I.The application dated 29th October 2024 is certified urgent and confidential.II.The subject witness shall testify in camera from the witness protection box.III.The name of the subject witness shall be redacted before being disclosed to the accused persons.IV.The subject witness shall use a pseudo name in giving testimony before court as may be assigned by the investigation team.V.The media both print and broadcast are hereby barred from disclosing the name and images of the subject witness.
Orders accordingly.
RULING DATED AND DELIVERED VIRTUALLY THIS 30THDAY OF OCTOBER 2024D. KAVEDZAJUDGE