[2019] KEHC 6150 (KLR)
The court found that, based on the material presented, the applicant met the threshold for witness protection as set out in the Witness Protection Act. The urgency and risk to the witness justified immediate intervention. The court exercised its discretion to grant all prayers sought, including placing the witness...
Source-derived case information.
- Citation
- [2019] KEHC 6150 (KLR)
- Parties
- Applicant: Viona Akinyi Onyango; Respondent: Republic
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Criminal Case 14 of 2019
- Procedural Posture
- Miscellaneous Criminal Application / Ruling on Urgent Chamber Summons for Witness Protection
- Outcome
- Application allowed in full; all prayers granted.
- Judges
- RE Aburili
- Legal Topics
- Witness Protection, In Camera Testimony, Criminal Procedure, Constitutional Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Viona Akinyi Onyango
Applicant
Republic
Respondent
Procedural Posture
Miscellaneous Criminal Application / Ruling on Urgent Chamber Summons for Witness Protection
Legal Issues
- 1 Whether the applicant is deserving of witness protection under the Witness Protection Act.
- 2 Whether the applicant should be permitted to testify in camera and from a witness protection box.
- 3 Whether the subject criminal case file should be kept under key and lock by the court's executive officer.
Ratio Decidendi
The court found that, based on the material presented, the applicant met the threshold for witness protection as set out in the Witness Protection Act. The urgency and risk to the witness justified immediate intervention. The court exercised its discretion to grant all prayers sought, including placing the witness under the protection of the Witness Protection Agency, permitting testimony in camera and from a witness protection box, and ordering that the relevant criminal case file be kept securely by the court's executive officer. The orders were made to ensure the safety of the witness and the integrity of the judicial process.
Court Disposition
Application allowed in full; all prayers granted.
Orders
- The subject witness is placed under the protection of the Witness Protection Agency.
- The witness shall testify from a witness protection box.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT SIAYA
MISC. CRIMINAL APPLICATION NO. 14 OF 2019
(CORAM: R. E. ABURILI - J.)
IN THE MATTER OF THE WITNESS PROTECTION ACT
IN THE MATTER OF THE WITNESS PROTECTION RULES, 2015
AND
IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION
VIONA AKINYI ONYANGO..........APPLICANT
VERSUS
REPUBLIC...................................RESPONDENT
RULING
1. I have considered the application dated 24/6/2019 under Certificate of Urgency of Julie Wahonya. I am satisfied that the matter is of utmost urgency. I certify it urgent.
2. On Prayers 2, 3 and 4 of the Chamber summons dated 24/6/2019 brought under Article 50 of the Constitution, Section 4(3)(a)(b)(c) and Section 16 of the Witness Protection Act, I am satisfied on the material placed before the court that the subject witness is deserving to be placed under legal protection. I am equally satisfied that the witness should be allowed to testify in camera in a Witness Protection Box and that the Siaya PM Cr. Case file in respect of the matter subject of this application should be kept under key and lock by the Executive Officer of the Court.
3. Accordingly, I hereby grant Prayers Nos 1, 2, 3 and 4 of the Chamber Summons dated 24/6/2019 as prayed. The subject witness is hereby placed under protection of the Witness Protection Agency and she shall testify from a witness Protection Box. She shall also testify in camera. The subject case file shall be kept under key and lock by the court’s executive Officer.
Orders accordingly.
This file is closed.
Dated, signed and delivered at Siaya this 1st Day of July 2019.
R.E. ABURILI
JUDGE