Esheria Esheria Statutes
Ask AI Sign in

Kenya Act or statute

Parliament of Kenya

Witness Protection Act

The Act may be cited as the Witness Protection Act. Contains the text: "a register maintained under any Act in which marriages are registered or recorded; or" Section 3 lists categories and circum…

Jurisdiction
Kenya
Structure
67 provisions
Citation
Cap. 79
Dates
As at 31 Dec 2022
More statute details
Dates
As at 31 Dec 2022

Source attribution: Source: Kenya Law

Publicly available, excluded from search-engine indexing

This page remains available for direct research for the following reasons:

  • The record does not meet this release's canonical indexing criteria. (market-indexing-disabled)
  • The record does not meet this release's canonical indexing criteria. (emergency-noindex)
On this page

Professional statute overview

Enactment structure, operative effect and source provenance

Official source

01

Purpose and legislative effect

“The Act may be cited as the Witness Protection Act.”

The Act may be cited as the Witness Protection Act. Contains the text: "a register maintained under any Act in which marriages are registered or recorded; or" Section 3 lists categories and circumstances to which the section applies, including "a witness in criminal proceedings", purposes related to treaties or agreements to which Kenya is a party, circumstances prescribed by Regulations, and reasons related to witnesses or testimony that the Director may consider sufficient. Establishes an Agency called the Witness Protection Agency. The Agency must provide procedures to give special protection to persons with important information and has the power to acquire and control firearms, ammunition and necessary equipment despite other laws.

02

How the instrument operates

  1. 01

    Start with the recorded version

    As at 31 Dec 2022. The date shown identifies this source expression and should not be treated as proof that no later change exists.

  2. 02

    Locate the controlling provision

    Use the provision map, part headings and full-text filter to move from the broad subject to the exact legal language.

  3. 03

    Read conditions and exceptions together

    Keep subsections, definitions, provisos and cross-references in context before drawing a legal conclusion.

  4. 04

    Verify currency and official wording

    Confirm later legislation, commencement notices and corrections with the official publisher before advice, filing or reliance.

03

Research entry points

Selected provisions across the instrument. Open any row to continue with the exact stored text.

MISCELLANEOUS - 36. Regulations and rules

The Attorney-General may make regulations under the Act; the Chief Justice may, in consultation with the Director, make rules of court required or permitted by the Act, subject to specified constraints.

Section 36

04

Source and current-law status

Source record view

Source record from new.kenyalaw.org · As at 31 Dec 2022

Verify current force

The source record does not state a definitive current-law status. Check the official publisher and later amendments before relying on this text.

For advice, pleadings, or compliance decisions, retain the official source and confirm the current consolidated provision.

Official record

Source-indexed provision map

Sections and provisions

Search by section, heading, part or exact legal wording. Every result remains linked to the stored source record.

Showing 67 of 67 provisions

Provision 48Offence 15Short titleInterpretation

Part I

PRELIMINARY

§ 1PRELIMINARY - 1. Short titleShort title

The Act may be cited as the Witness Protection Act.

Section 1. Short title Section This Act may be cited as the Witness Protection Act.
Section 1Verify source
§ 2PRELIMINARY - 2. InterpretationInterpretation

Contains the text: "a register maintained under any Act in which marriages are registered or recorded; or"

Section 2. Interpretation Section a register maintained under any Act in which marriages are registered or recorded; or
Section 2Verify source
§ 3PRELIMINARY - 3. ApplicationProvision

Section 3 lists categories and circumstances to which the section applies, including "a witness in criminal proceedings", purposes related to treaties or agreements to which Kenya is a party, circumstances prescribed by Regulations, and reasons related to witnesses or testimony that the Director may consider sufficient.

Section 3. Application Section 3(1)(a) a witness in criminal proceedings; and Section 3(1)(b) for the purposes of any treaty or agreement to which Kenya is a party; or Section 3(1)(b)(i) for the purposes of any treaty or agreement to which Kenya is a party; or Section 3(1)(b)(ii) in circumstances prescribed by Regulations made under this Act. Section 3(2)(a) by virtue of being related to a witness; Section 3(2)(b) on account of a testimony given by a witness; or Section 3(2)(c) for any other reason which the Director may consider sufficient.
Section 3Verify source

Part IA

ESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL

§ 3AESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3A. Establishment of the AgencyProvision

Establishes an Agency called the Witness Protection Agency.

Section 3A. Establishment of the Agency Section 3A(1) There is established an Agency to be known as the Witness Protection Agency. Section 3A(2)(a) suing and being sued; Section 3A(2)(b) holding and alienating movable and immovable property; Section 3A(2)(c) borrowing and lending money; and Section 3A(2)(d) doing or performing all such other acts or things as may be lawfully done by a body corporate.
Section 3AVerify source
§ 3BESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3B. Object and purpose of the AgencyProvision

The Agency must provide procedures to give special protection to persons with important information and has the power to acquire and control firearms, ammunition and necessary equipment despite other laws.

Section 3B. Object and purpose of the Agency Section 3B(1) The object and purpose of the Agency is to provide the framework and procedures for giving special protection, on behalf of the State, to persons in possession of important information and who are facing potential risk or intimidation due to their co-operation with prosecution and other law enforcement agencies. Section 3B(2) The nature of the special protection referred to in subsection (1) shall entail the power of the Agency to acquire, store, maintain and control firearms and ammunition and electronic or other necessary equipment, despite the provisions of any other law. [Act No. 2 of 2010 , s. 5.]
Section 3BVerify source
§ 3CESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3C. Functions of the AgencyProvision

The Agency must establish and maintain a witness protection programme.

Section 3C. Functions of the Agency Section establish and maintain a witness protection programme;
Section 3CVerify source
§ 3DESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3D. Powers of the AgencyOffence

The Agency has a range of powers (control/supervise staff; manage funds; receive and disburse grants; associate with persons/organizations; enter confidential agreements for relocations; open bank accounts; handle witness protection information; instruct protected persons; search and seize; summon persons; invest surplus funds). Failure to comply with certain Agency directions or summonses is an offence punishable by fines or imprisonment.

Section 3D. Powers of the Agency Section 3D(1)(a) control and supervise its staff in a manner and for such purposes as may be necessary for the promotion of the purpose and the object for which the Agency is established; Section 3D(1)(b) administer the funds and assets of the Agency; Section 3D(1)(c) receive any grants, gifts, donations or endowments and make legitimate disbursement therefrom; Section 3D(1)(d) enter into association with such other persons, bodies, or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance of its object and purpose; Section 3D(1)(e) enter into confidential agreements with relevant foreign authorities, international criminal courts or tribunals and other regional or international entities relating to the relocation of protected persons and other witness protection measures; Section 3D(1)(f) open bank accounts for the funds of the Agency; Section 3D(1)(g) collect, analyze, store and disseminate information related to witness protection; Section 3D(1)(h) give such instructions to a protected person as the Agency may consider necessary; Section 3D(1)(i) search the protected person and their property and seize items regarded by the Agency to be a threat to the protected person or another person or the integrity of the programme; Section 3D(1)(j) summon a public officer or other person to appear before it or to produce a document or thing or information which may be considered relevant to the functions of the Agency within a specified period of time and in such manner as it may specify; Section 3D(1)(k) invest the funds of the Agency not currently required for its purposes. Section 3D(2) A person who fails to comply with a direction of the Agency issued under subsection (1)(i), commits an offence and is liable, on conviction, to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding one year or both. Section 3D(3) A person who disobeys a summons issued by the Agency commits an offence and shall upon conviction be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years, or to both. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 4.]
Section 3DVerify source
§ 3EESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3E. Director of the AgencyOffence

Establishes the Director of the Agency.

Section 3E. Director of the Agency Section 3E(1) There shall be a Director of the Agency who shall be appointed by the Advisory Board on such terms and conditions as the Board may, in consultation with the Commission, approve. Section 3E(2) The Director shall have all the powers necessary or expedient for the performance of his functions under this Act. Section 3E(3)(a) is a citizen of Kenya; Section 3E(3)(b) is of high moral character and proven integrity; and Section 3E(3)(c) is an advocate of the High Court of Kenya, and has since qualification, practised law in the public or private sector or has been engaged in the teaching of law or research for a period of not less than ten years, and has performed duties of an administrative nature for not less than five years. Section 3E(3)(d) meets the requirements of Chapter Six of the Constitution. Section 3E(4)(a) be the chief executive of the Agency and shall be responsible for carrying out the policy decisions of the Agency, its day to day administration and management and control of other staff of the Agency; Section 3E(4)(b) be an ex officio member of the Board; Section 3E(4)(c) cause to be kept minutes of the meetings of the Board and other records as the Agency may direct; Section 3E(4)(d) ensure that, in conducting its affairs, the Agency is guided by the Laws of Kenya and international best practices which shall include, but not be limited to, the development and implementation of information security measures, technical and administrative competence, and the principles of impartiality, confidentiality, objectivity and integrity; and Section 3E(4)(e) perform other functions as may be assigned by the Board. Section 3E(4A) The Director may, in writing, delegate any power or function conferred to the office under this Act to a senior officer of the Agency. Section 3E(4B) An officer of the Agency to whom a power or function has been delegated under subsection (4A) shall exercise that power or perform that function subject to the general directions of the Director. Section 3E(4C) The Director may at any time in writing withdraw a delegation under subsection (4A). Section 3E(4D) The delegation of any power or function does not prevent the Director from exercising or performing that power or function in person. Section 3E(5) The Director shall hold office for a period of five years and shall be eligible for re-appointment for one further term. Section 3E(6)(a) inability to perform the functions of the office arising out of physical or mental infirmity; Section 3E(6)(b) misconduct or misbehaviour; Section 3E(6)(c) incompetence; or Section 3E(6)(d) conviction for a criminal offence attracting a term of imprisonment of not less than six months without the option of a fine. Section 3E(7) A person desiring the removal of the Director shall present a petition to the Board which shall be in writing, setting out the alleged facts constituting the grounds for removal of the Director. Section 3E(7A) The Board shall consider the petition and, if it is satisfied that it discloses the existence of a ground under subsection (6), the Board shall dismiss the Director. Section 3E(7B) Notwithstanding subsection (7A), the Board shall afford the Director an appropriate opportunity to defend himself against any allegation made against him before taking any action under that subsection. Section 3E(8) Deleted by ActNo. 45 of 2016, s. 5(f). Section 3E(9) Deleted by ActNo. 45 of 2016, s. 5(g). Section 3E(10) Deleted by ActNo. 45 of 2016, s. 5(h). Section 3E(11) Deleted by ActNo. 45 of 2016, s. 5(i). Section 3E(12) Deleted by ActNo. 18 of 2018, Sch. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 5, Act No. 18 of 2018 , Sch.]
Section 3EVerify source
§ 3FESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3F. Staff of the AgencyProvision

Section 3F authorizes the Agency to appoint staff, defines possible staff categories, permits transfer or secondment of public officers to the Agency and treats transferred public officers as Agency staff; it allows differing remuneration and requires the Agency to establish a social security scheme with finance approval.

Section 3F. Staff of the Agency Section 3F(1) The Agency may, for the proper discharge of its functions, appoint professional and technical staff and other staff upon such terms and conditions as the Attorney-General may, in consultation with the Commission, approve. Section 3F(2) The staff referred to in subsection (1) may include deputy directors, assistant directors, protection officers, security officers and other officers as the Agency may determine. Section 3F(3) A number of public officers may be transferred or seconded to the Agency as the Agency may, in consultation with the Public Service Commission, determine, for specified periods of time and on such terms and conditions as may be agreed upon between the Agency and the Public Service Commission. Section 3F(4) For the purposes of this Act, a public officer who is transferred or seconded to the Agency under subsection (3) shall be regarded as a member of the staff of the Agency and subject only to the control and direction of the Agency. Section 3F(5)(a) that witness protection falls in a strategic sector in the administration of justice process of the country and the nature of the service entailed requires commensurate compensation; and Section 3F(5)(b) that the nature of the operations of the Agency requires probity, integrity and incorruptibility. Section 3F(5)(c) that the remuneration and conditions of service may differ from those applicable in the public service. Section 3F(6) The Agency shall, with the approval of the Cabinet Secretary responsible for finance, establish a suitable social security scheme for the Director and staff of the Agency. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 6, Act No. 18 of 2018 , Sch.]
Section 3FVerify source
§ 3GESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3G. Independence of the AgencyProvision

The Agency has the powers needed to perform its functions without interference and must report to the Attorney-General on fulfilment of its purpose and performance of its functions for accountability.

Section 3G. Independence of the Agency Section 3G(1) The Agency shall have all the powers necessary or expedient for the performance of its functions under this Act without interference from any authority. Section 3G(2) The Agency shall for the purposes of accountability, report to the Attorney-General on the overall fulfilment of its object and purpose and the performance of its functions under this Act. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch.]
Section 3GVerify source
§ 3HESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3H. Funds of the AgencyProvision

The Agency must not accept any grant, gift, donation or bequest that is conditional on it performing functions or discharging duties beyond those under this Act.

Section 3H. Funds of the Agency Section 3H(1) Except as otherwise provided in section 3I , the expenses incurred by the Agency in accordance with this Act shall be charged and issued out of the Consolidated Fund and the appropriation for the expenses shall be included in the Appropriation Bill introduced in the National Assembly to authorize the withdrawal from the Consolidated Fund. Section 3H(2) Without prejudice to subsection (1), there may be made to the Agency grants, gifts, donations or bequests towards the achievement of the objects of the Agency. Section 3H(3) The Agency shall not accept any grant, gift, donation or bequest made on any condition that the Agency performs any function or discharges any duty or obligation other than duties under this Act. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 7.]
Section 3HVerify source
§ 3IESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3I. Victims Compensation FundProvision

Establishes the Victims Compensation Fund vested in and operated by the Agency and lists its sources, uses and administration powers.

Section 3I. Victims Compensation Fund Section 3I(1) There is established a fund to be known as the Victims Compensation Fund (hereinafter referred to as "the Fund") which shall vest in and be operated by the Agency. Section 3I(2)(a) such moneys as may be provided pursuant to section 3H for the purposes of the Fund; Section 3I(2)(b) such moneys as may be realized from any property forfeited to the Government in connection with a crime referred to in subsection (4); Section 3I(2)(c) grants, gifts, donations or bequests made to the Fund by any person and received by the Agency with the approval of the Attorney-General, where such receipt does not occasion a conflict of interest in the performance of the Agency’s functions under this Act; Section 3I(2)(d) moneys earned or arising from any investment of the Fund; Section 3I(2)(e) all other moneys which may in any manner become payable to, or vested in, the Fund. Section 3I(3) Where under subsection (2)(b), any immovable property is assigned to the Fund, the Agency shall deal with the property in such manner as it thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established. Section 3I(4)(a) restitution to a victim, or to the family of a victim of a crime committed by any person during a period when such person is provided protection under this Act; Section 3I(4)(b) compensation for the death of a victim of a crime committed by any person during a period when such person is provided protection under this Act, to the family of such victim; and Section 3I(4)(c) any moneys required to meet expenses relating to any other matter incidental to or connected with the matters stated in paragraphs (a) and (b). Section 3I(5) Unless the National Treasury directs otherwise, the receipts, earnings or accruals of the Fund and the balances of the Fund at the close of each financial year shall not be paid into the Consolidated Fund, but shall be retained for the purposes of the Fund. Section 3I(6) Subject to this section, the Cabinet Secretary may, by regulations, provide for the management and administration of the Fund and for anything incidental to or connected therewith. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch.]
Section 3IVerify source
§ 3JESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3J. Estimates of ExpenditureProvision

The Agency must prepare annual estimates of expenditure in accordance with public finance law, and the Agency must not incur expenditure except under those estimates or with an authorization from the advisory Board and prior written approval of the Cabinet Secretary responsible for finance.

Section 3J. Estimates of Expenditure Section 3J(1) The financial year of the Agency shall be the period of twelve months ending on the thirtieth day of June in each year. Section 3J(2) The Agency shall in accordance with the law relating to the public finance management prepare annual estimates of the expenditure of the Agency and the Board for that financial year. Section 3J(3) The annual estimates shall make provision for all estimated expenditure of the Agency and the Board for the financial year to which they relate, including a reserve fund to provide for contingency in the event of an unforeseen increase in expenditure and other emergencies not contemplated at the time of making the estimates. Section 3J(4) Deleted by ActNo. 20 of 2020, Sch. Section 3J(5) Expenditure shall not be incurred by the Agency except in accordance with the annual estimates provided under subsection (2) or in pursuance of an authorization of the advisory Board given with prior written approval of the Cabinet Secretary responsible for finance. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 8, Act No. 18 of 2018 , Sch, Act No. 20 of 2020 , Sch.]
Section 3JVerify source
§ 3KESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3K. Accounts and auditProvision

The Agency must keep proper accounting records classified under its information security policy and prepare, audit and report annual accounts under the Public Audit Act, with national security auditing and classified procurement rules applying mutatis mutandis.

Section 3K. Accounts and audit Section 3K(1) The Agency shall keep books, and other proper records of accounts of the expenditure, assets and liabilities of the Agency, which shall be classified in accordance with the information security policy of the Agency and shall be preserved or disposed of in accordance with that policy. Section 3K(2) The annual accounts of the Agency shall be prepared, audited and reported upon in accordance with the Public Audit Act (Cap. 412B), without prejudicing the integrity or security of the Agency’s operations. Section 3K(3) The legislative and regulatory provisions on the auditing of national security organs shall apply mutatis mutandis to the Agency. Section 3K(4) The legislative and regulatory provisions on classified procurement and disposal of assets shall apply mutatis mutandis to the Agency. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch, Act No. 20 of 2020 , Sch.]
Section 3KVerify source
§ 3LESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3L. Annual reportsProvision

The Agency must make an annual report within four months after each financial year to the Board; the Board must send that report to the Attorney-General within fourteen days; the Attorney-General must send it to the President within fourteen days of receipt.

Section 3L. Annual reports Section 3L(1) The Agency shall within four months after the end of each financial year, make a report to the Board on the activities and operations of the Agency during the financial year. Section 3L(2) The Board shall submit the annual report to the Attorney-General within fourteen days of receipt of the report. Section 3L(3) The Attorney-General shall within fourteen days after receipt of the report from the Board, submit the report to the President. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch.]
Section 3LVerify source
§ 3MESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3M. Director etc. to have powers of a police officerProvision

For their functions under the Act, the Director, assistant directors and protection officers have the powers, privileges and immunities of a police officer.

Section 3M. Director etc. to have powers of a police officer Section For the purposes of their functions under the Act, the Director, assistant directors and protection officers shall have the powers, privileges and immunities of a police officer in addition to any other powers they may have under the Act. [Act No. 2 of 2010 , s. 5.]
Section 3MVerify source
§ 3NESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3N. Identity certificate and appointmentProvision

The Director must issue every Agency staff member, on appointment, a certificate of identity and appointment; a staff member with that certificate has authority to carry concealed official firearms and ammunition.

Section 3N. Identity certificate and appointment Section 3N(1) The Director shall issue to every member of staff of the Agency on appointment, a certificate of identity and appointment in such form as the Agency may prescribe, which shall be evidence of the appointment for the purposes of this Act. Section 3N(2) A person appointed as a member of staff of the Agency and issued with an appointment certificate referred to under subsection (1) shall have authority to carry concealed official firearms and ammunition. [Act No. 2 of 2010 , s. 5.]
Section 3NVerify source
§ 3OESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3O. Dissolution of Witness Protection Unit, savingsCommencement

On commencement this Part dissolves the Witness Protection Unit; the former Head becomes Acting Director until a Director is appointed; pre-existing contracts remain in force if consistent with the Act; property, rights and liabilities vest in the Agency.

Section 3O. Dissolution of Witness Protection Unit, savings Section 3O(1) Upon the commencement of this Part, the Witness Protection Unit existing immediately before the commencement, shall stand dissolved. Section 3O(2)(a) a person who, immediately before the commencement of this Part, was the Head of the Witness Protection Unit is, for the purposes of this Part, the Director of the Agency until a Director is appointed under this Act; Section 3O(2)(b) a valid contract entered into on behalf of the Witness Protection Unit before the commencement of this Part, shall continue to be in force to the extent that the terms and conditions thereof are not inconsistent with the provisions of the Act; Section 3O(2)(c) movable and immovable property and the rights and liabilities previously attaching to the Witness Protection Unit and property held by any person on behalf of the Witness Protection Unit before the commencement of this Part shall, upon such commencement, vest in the Agency.
Section 3OVerify source
§ 3PESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3P. Establishment and membershipProvision

Creates the Witness Protection Advisory Board, lists its members, makes the Director the Board secretary, and allows members to designate a representative officer in writing.

Section 3P. Establishment and membership Section 3P(1) There is established a board to be known as the Witness Protection Advisory Board. Section 3P(2)(a) the Solicitor-General as chairperson; Section 3P(2)(b) the Principal Secretary responsible for matters relating to foreign affairs; Section 3P(2)(c) the Principal Secretary responsible for matters relating to finance; Section 3P(2)(d) the Chief Registrar of the Judiciary; Section 3P(2)(e) the Director-General of the National Intelligence Service; Section 3P(2)(f) the Inspector-General of the National Police Service; Section 3P(2)(g) the Commissioner-General of Prisons; Section 3P(2)(h) the Director of Public Prosecutions; and Section 3P(2)(i) the Chairperson of the Kenya National Commission on Human Rights. Section 3P(3) The Director shall be the secretary of the Board. Section 3P(4) A member of the Board may in writing designate an officer not below the level of Director or equivalent to represent him on the Board. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 9, Act No. 18 of 2018 , Sch.]
Section 3PVerify source
§ 3QESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3Q. Functions and PowersProvision

Section 3Q(2) authorizes the Board to establish committees of Board members to carry out any of its functions.

Section 3Q. Functions and Powers Section 3Q(1)(a) advise on the formulation of witness protection policies in accordance with the current law and international best practices; Section 3Q(1)(b) have general oversight on the administration of the Agency; Section 3Q(1)(c) approve the budgetary estimates of the Agency; and Section 3Q(1)(d) perform any other functions as may be conferred by this Act or any other law. Section 3Q(2) The Board may establish committees consisting of members of the Board to carry out any of its functions. [Act No. 2 of 2010 , s. 5.]
Section 3QVerify source
§ 3RESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3R. AllowancesProvision

Members of the Board are entitled to be paid allowances determined by the Cabinet Secretary responsible for finance in consultation with the Commission.

Section 3R. Allowances Section Members of the Board shall be paid such allowances as may be determined from time to time by the Cabinet Secretary responsible for finance in consultation with the Commission. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 10.]
Section 3RVerify source
§ 3SESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3S. Meetings and procedure of the BoardProvision

Sets meeting frequency and intervals for the Board; establishes quorum; assigns who convenes and presides at meetings; decisions by majority and a casting vote for the presiding person.

Section 3S. Meetings and procedure of the Board Section 3S(1) The Board shall meet at least four times in every financial year and not more than four months shall elapse between one meeting and the next meeting. Section 3S(2) Unless three quarters of the members otherwise agree, at least fourteen days’ notice of a meeting shall be given to every member. Section 3S(3) The quorum at the meeting of the Board is five members of the Board or a greater number determined by the Board in respect of an important matter. Section 3S(4) The Chairperson shall convene and preside at meetings of the Board or in the absence of the Chairperson, by the Vice-chairperson or in both their absence, by a member of the Board elected by the members present from among their number. Section 3S(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. Section 3S(6) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members. [Act No. 2 of 2010 , s. 5.]
Section 3SVerify source
§ 3TESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3T. Disclosure of interest, etc.Offence

Members and persons present at Agency meetings who have an interest in a matter must disclose that interest in writing and are disqualified from participating in deliberations unless the Board or Agency decides otherwise; members, the Director, and staff must not transact business with the Agency; contravention is an offence punishable by a fine up to five hundred thousand shillings or imprisonment up to three years or both.

Section 3T. Disclosure of interest, etc. Section 3T(1) A member of the Board or a person present at a meeting of the Agency who has interest in a matter for consideration by the Board or by the Agency shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board or the Agency in respect of that matter unless the Board or the Agency decides otherwise. Section 3T(2) A member of the Board, the Director of the Agency or a member of staff of the Agency shall not transact any business or trade with the Agency. Section 3T(3) A member or a person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment to a term not exceeding three years or both. [Act No. 2 of 2010 , s. 5.]
Section 3TVerify source
§ 3UESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3U. Establishment of the Witness Protection Complaints CommitteeProvision

The Attorney-General appoints the chairperson and members of the Witness Protection Complaints Committee; they serve part-time and hold office for a non-renewable six-year term.

Section 3U. Establishment of the Witness Protection Complaints Committee Section 3U(1) There is established a committee to be known as the Witness Protection Complaints Committee. Section 3U(2)(a) a chairperson who shall be a person qualified to be appointed a judge of the High Court; and Section 3U(2)(b) one of whom shall be an advocate of the High Court of five years standing; Section 3U(2)(b)(i) one of whom shall be an advocate of the High Court of five years standing; Section 3U(2)(b)(ii) two members with relevant experience in handling complaints relating to human rights and intelligence respectively; and Section 3U(2)(b)(iii) one member who shall either be a retired senior witness protection officer or a person with experience in witness protection. Section 3U(3) The chairperson and members of the Committee shall be appointed by the Attorney-General and shall serve on part-time basis. Section 3U(4)(a) is a member of the public service or is a member of a governing body of a political party; or Section 3U(4)(b) has not met the requirements of Chapter Six of the Constitution. Section 3U(5) The chairperson and members shall hold office for a non-renewable term of six years. Section 3U(6)(a) by regulations provide guidelines for the operation of the committee; and Section 3U(6)(b) designate staff to facilitate the operations of the Committee.
Section 3UVerify source
§ 3VESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL - 3V. Functions of CommitteeProvision

The Committee handles appeals from the Director and complaints against Agency staff; an aggrieved person may appeal to the High Court within thirty days.

Section 3V. Functions of Committee Section 3V(1)(a) appeals from decisions of the Director under this Act; and Section 3V(1)(b) complaints against staff of the Agency. Section 3V(2) A person aggrieved by the decision of the Committee may, within thirty days of that decision, appeal to the High Court. [Act No. 45 of 2016 , s. 13.]
Section 3VVerify source

Part II

THE WITNESS PROTECTION PROGRAMME

§ 10THE WITNESS PROTECTION PROGRAMME - 10. Cessation of protection and assistanceProvision

The Director must terminate a participant's protection and assistance if the participant requests termination in writing, or if the participant breaches programme terms, threatens security or integrity of the programme (in the Director's opinion), or if the circumstances giving rise to protection have ceased.

Section 10. Cessation of protection and assistance Section 10(1) Protection and assistance provided under the programme to a participant shall be terminated by the Director if the participant requests in writing that it be terminated. Section 10(2)(a) the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme; Section 10(2)(b) anything done or intended to be done by the participant is, in the opinion of the Director, likely to threaten the security or compromise the integrity of the programme; or Section 10(2)(c) the circumstances which gave rise to the need for protection and assistance for the participant have ceased to exist,
Section 10Verify source
§ 11THE WITNESS PROTECTION PROGRAMME - 11. Suspension of protection and assistanceProvision

The Director may suspend a participant's protection and assistance for a reasonable period if satisfied the participant has acted or intends to act in a way that limits the Director's ability to provide adequate protection.

Section 11. Suspension of protection and assistance Section Protection and assistance provided under the programme to a participant may be suspended by the Director for a reasonable period determined by the Director if he is satisfied that the participant has done or intends to do something which limits the ability of the Director to provide adequate protection to the participant. [Act No. 2 of 2010 , s. 13.]
Section 11Verify source
§ 12THE WITNESS PROTECTION PROGRAMME - 12. Notice of involuntary termination or suspensionProvision

When a participant's protection or assistance under the programme is terminated or suspended under section 10 or 11, the Director must notify any law enforcement agency that is interested in the decision.

Section 12. Notice of involuntary termination or suspension Section If protection and assistance provided under the programme to a participant are terminated or suspended under section 10 or 11 , the Director shall notify any law enforcement agency which is interested in the decision. [Act No. 2 of 2010 , s. 14.]
Section 12Verify source
§ 4THE WITNESS PROTECTION PROGRAMME - 4. Protective actionProvision

The Agency must establish and maintain a witness protection programme and take necessary and reasonable actions to protect the safety and welfare of protected persons; the Agency must also put in place support measures to help integrate protected persons.

Section 4. Protective action Section 4(1) The Agency shall establish and maintain a witness protection programme and shall take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons. Section 4(2)(a) physical and armed protection; Section 4(2)(b) relocation within or outside Kenya; Section 4(2)(c) change of identity; or Section 4(2)(d) any other measure necessary to ensure the safety of a protected person; Section 4(3)(a) holding in camera or closed sessions; Section 4(3)(b) the use of pseudonyms; Section 4(3)(c) the reduction of identifying information; Section 4(3)(d) the use of video link; or Section 4(3)(e) employing measures to obscure or distort the identity of the witness. Section 4(4) The Agency shall put in place support measures to facilitate the integration of the protected person. [Act No. 2 of 2010 , s. 6, Act No. 45 of 2016 , s. 14.]
Section 4Verify source
§ 5THE WITNESS PROTECTION PROGRAMME - 5. Inclusion in witness protection programmeProvision

The Director is responsible for decisions to admit or exclude persons from the witness protection programme; the Agency must process requests without undue delay and may require certain witnesses to sign memoranda of understanding.

Section 5. Inclusion in witness protection programme Section 5(1) The decision to admit into or exclude any person from the programme, shall be the responsibility of the Director. Section 5(2)(a) the Director has decided that the witness be so included; Section 5(2)(b) the person agrees to be included; and Section 5(2)(c) a parent or guardian of the person if the person is under the age of eighteen years; or Section 5(2)(c)(i) a parent or guardian of the person if the person is under the age of eighteen years; or Section 5(2)(c)(ii) a guardian or other person who is usually responsible for the care and control of the person, if the person otherwise lacks legal capacity to sign it. Section 5(3)(a) the witness; or Section 5(3)(b) a law enforcement agency; Section 5(3)(c) a public prosecutor; or Section 5(3)(d) a legal representative or any other intermediary. Section 5(4) An application for the protection of a person below the age of eighteen may, in such circumstances as the Attorney-General may specify in Regulations, be made without the consent of the person’s parent or guardian. Section 5(5) The Agency shall process the request under subsection (3) without undue delay. Section 5(6)(a) a parent or guardian of a witness signs a memorandum of understanding because the witness was under the age of eighteen; and Section 5(6)(b) the memorandum is still operating after the witness turns eighteen, the Agency may require the witness to sign the memorandum. Section 5(7) The inclusion of a witness or protected person in the programme shall not be treated as a reward or a means of persuading or encouraging the witness to give evidence or to make a statement. Section 5(8) A person admitted into the programme shall be protected for as long as the danger or risk to their safety persists. [Act No. 2 of 2010 , s. 7, Act No. 45 of 2016 , s. 15, Act No. 18 of 2018 , Sch.]
Section 5Verify source
§ 6THE WITNESS PROTECTION PROGRAMME - 6. Assessing witness for inclusion in the programmeOffence

The Director must not include a witness in the programme if, in the Director's opinion, there is not enough information to assess the matters in this section in relation to that witness.

Section 6. Assessing witness for inclusion in the programme Section 6(1)(a) the seriousness of the offence to which any relevant evidence or statement relates; Section 6(1)(b) the nature and importance of any relevant evidence or statement; Section 6(1)(c) the nature of the perceived danger to the witness; Section 6(1)(d) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(e) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(f) whether there are viable alternative methods of protecting the witness; Section 6(1)(g) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(h) the public interest in the prosecution of the case; Section 6(1)(i) the ability of the person to adapt to the programme and its measures; and Section 6(1)(j) such other matters as the Director considers relevant. Section 6(2) The Director shall not include a witness in the programme if the Director does not, in his opinion, have enough information to assess the matters referred to in this section in relation to the witness. [Act No. 2 of 2010 , s. 8, Act No. 45 of 2016 , s. 16.]
Section 6Verify source
§ 7THE WITNESS PROTECTION PROGRAMME - 7. Memorandum of understandingProvision

The memorandum must be signed by or on behalf of the witness in the presence of the Director or designated staff; the Director must notify the participant as soon as practicable after signing; a witness is included in the programme when the Director or designated staff signs the memorandum.

Section 7. Memorandum of understanding Section 7(1)(a) set out the basis on which a participant is included in the programme and details of the protection and assistance which are to be provided; and Section 7(1)(b) contain a provision to the effect that protection and assistance under the programme may be terminated if the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme. Section 7(2)(a) any outstanding legal obligations of the participant and how they are to be dealt with; Section 7(2)(b) any legal obligations which the participant may or may not enter into; Section 7(2)(c) the surrender and issue of passports and other identification documents; Section 7(2)(d) the taking, provision and retention of photographs of the participant; Section 7(2)(e) the issue of any documents relating to the new identity of the participant; Section 7(2)(f) the prohibition of the participant from engaging in specified activities; Section 7(2)(g) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships; Section 7(2)(h) any other obligations of the participant; Section 7(2)(i) consequences of the participant’s failing to comply with the provisions of the memorandum of understanding; and Section 7(2)(j) any other matter for which it may be necessary or expedient to make provision in the circumstances of the case. Section 7(3) A memorandum of understanding shall contain a statement advising the participant of his right to complain to the Director about the conduct of any member of staff in relation to the matters dealt with in the memorandum. Section 7(4) A memorandum of understanding shall be signed by or on behalf of the witness in the presence of the Director or a member of staff designated by the Director for the purposes of this section. Section 7(5) A witness becomes included in the programme when the Director or a member of staff designated by him signs the memorandum of understanding. Section 7(6) The Director shall, as soon as practicable after a memorandum of understanding is duly signed, notify the relevant participant that it has been signed. [Act No. 2 of 2010 , s. 9.]
Section 7Verify source
§ 8THE WITNESS PROTECTION PROGRAMME - 8. Variation of memorandum of understandingProvision

A memorandum of understanding may be varied with the consent of the participant and the Director.

Section 8. Variation of memorandum of understanding Section A memorandum of understanding may be varied with the consent of the participant and the Director. [Act No. 2 of 2010 , s. 10.]
Section 8Verify source
§ 9THE WITNESS PROTECTION PROGRAMME - 9. Temporary protection pending full assessmentProvision

The Director may temporarily include a witness in the programme if in urgent need of protection, and may require an interim memorandum of understanding to be signed by or for the witness.

Section 9. Temporary protection pending full assessment Section 9(1) The Director may include in the programme on a temporary basis a witness who, in the Director’s opinion, is in urgent need of protection. Section 9(2) The Director may require an interim memorandum of understanding to be signed by or on behalf of the witness. Section 9(3) Sections 5 and 6 shall not be construed as preventing the exercise or performance of any power or function under this section but, in so far as the requirements of those sections have not been complied with before the witness is included in the programme, they shall be complied with as soon as practicable after the witness’s inclusion. [Act No. 2 of 2010 , s. 11.]
Section 9Verify source

Part III

PROTECTING WITNESSES FROM IDENTIFICATION

§ 13PROTECTING WITNESSES FROM IDENTIFICATION - 13. Identifying documentsProvision

Allows a witness to establish a new identity.

Section 13. Identifying documents Section to allow a witness to establish a new identity;
Section 13Verify source
§ 14PROTECTING WITNESSES FROM IDENTIFICATION - 14. Application for court orderProvision

The Agency must provide to the High Court the evidence the Court may require to satisfy itself about the matters specified in section 16.

Section 14. Application for court order Section 14(1)(a) to make a new entry in a register of births or a register of marriages in respect of a witness; Section 14(1)(b) to make a new entry in a register of deaths in respect of a witness or a relative (by blood or marriage) of a witness; or Section 14(1)(c) to issue in the witness’s new identity a document of a kind previously issued to the witness. Section 14(2) The Agency shall provide such evidence as the High Court may require to satisfy itself as to the matters specified in section 16 . [Act No. 2 of 2010 , s. 16.]
Section 14Verify source
§ 15PROTECTING WITNESSES FROM IDENTIFICATION - 15. Court proceedings under this Part to be closed to publicProvision

All business of the High Court under this Part shall be conducted in camera.

Section 15. Court proceedings under this Part to be closed to public Section All business of the High Court under this Part shall be conducted in camera.
Section 15Verify source
§ 16PROTECTING WITNESSES FROM IDENTIFICATION - 16. Power of High Court to make orderOffence

The High Court has the power to make an order in respect of a person who was a witness to, or has knowledge of, an offence and is or has been a witness in criminal proceedings relating to that offence.

Section 16. Power of High Court to make order Section was a witness to or has knowledge of an offence and is or has been a witness in criminal proceedings relating to the offence; or
Section 16Verify source
§ 17PROTECTING WITNESSES FROM IDENTIFICATION - 17. Effect of witness protection orderProvision

A person authorised by the witness protection order may make entries in birth, death or marriage registers to implement the order.

Section 17. Effect of witness protection order Section a person authorised to do so by the order may make such entries in a register of births, deaths or marriages as are necessary to give effect to the order;
Section 17Verify source
§ 18PROTECTING WITNESSES FROM IDENTIFICATION - 18. Effect of entries made under this ActProvision

Entries made under this Act in registers of births, deaths or marriages are to be treated as valid entries; cancellation of such an entry can only be done by the Registrar‑General or an appropriate registrar after a High Court order made on the Agency's application stating the witness is no longer in the programme.

Section 18. Effect of entries made under this Act Section 18(1) An entry made under this Act in a register of births, deaths or marriages has effect as if it were a valid entry made in accordance with the law governing the register. Section 18(2) An entry made under this Act in a register of births, deaths or marriages can only be cancelled by the Registrar-General or an appropriate registrar if the High Court, after being satisfied that the witness is no longer included in the relevant programme, has made an order on the application of the Agency directing that the entry be cancelled. [Act No. 2 of 2010 , s. 18.]
Section 18Verify source
§ 19PROTECTING WITNESSES FROM IDENTIFICATION - 19. Special provision in case of marriage of participantOffence

Participants must give the Agency specified evidence (identity and marriageable age; if previously married, evidence marriage is lawful; a statutory declaration of no legal impediment). Contravention is an offence punishable by fine up to fifty thousand shillings or imprisonment up to six months, or both.

Section 19. Special provision in case of marriage of participant Section 19(1)(a) the participant has given to the Agency evidence which establishes the identity of the participant and shows that the participant is of marriageable age; Section 19(1)(b) if the participant has been married previously the participant has given to the Agency evidence which establishes that the contemplated marriage is not contrary to law; and Section 19(1)(c) the participant has given to the Agency a statutory declaration to the effect that there is no legal impediment to the marriage and the Agency is not aware of any such impediment. Section 19(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both. [Act No. 2 of 2010 , s. 19.]
Section 19Verify source
§ 20PROTECTING WITNESSES FROM IDENTIFICATION - 20. Restoration of former identityOffence

The Agency must take reasonable steps to notify former participants of decisions under subsection (1); a person who fails to comply with subsection (3) commits an offence punishable by a fine up to fifty thousand shillings or imprisonment up to six months.

Section 20. Restoration of former identity Section 20(1)(a) a participant has been provided with a new identity under the programme; and Section 20(1)(b) protection and assistance afforded to him under the programme have been terminated, Section 20(2) The Agency shall take reasonable steps to notify the former participant of a decision under subsection (1). Section 20(3)(a) takes action under this section to restore the former identity of a person who was a participant; and Section 20(3)(b) notifies the former participant in writing that he is required to return to the Agency all documents provided to the former participant that relate to the new identity provided under the programme, Section 20(4) A person who contravenes subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both. [Act No. 2 of 2010 , s. 20.]
Section 20Verify source
§ 21PROTECTING WITNESSES FROM IDENTIFICATION - 21. Offences in relation to documentsOffence

A person named in a birth, death or marriage entry who uses or obtains a document issued by the registrar based on that entry commits an offence and is liable on conviction to a fine up to fifty thousand shillings or imprisonment up to six months, or both.

Section 21. Offences in relation to documents Section While an entry made under this Act in a register of births, deaths or marriages continues in force, a person in respect of whom the entry is made who uses or obtains any document issued by a registrar having charge of a register of births, deaths or marriages which is based on the previous entry is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both.
Section 21Verify source
§ 22PROTECTING WITNESSES FROM IDENTIFICATION - 22. Information not to be disclosedProvision

The Agency may disclose a participant's or former participant's former identity to obtain documents about their new identity (notwithstanding subsection (1)).

Section 22. Information not to be disclosed Section 22(1)(a) for the purposes of this Act; Section 22(1)(b) for the purposes of investigation by the Director of Public Prosecutions, the National Police Services or other law enforcement agencies; or. Section 22(1)(c) to comply with an order of the High Court, Section 22(2) Notwithstanding subsection (1), the Agency may disclose the former identity of a participant or former participant for the purpose of obtaining documents relating to the new identity of the participant or former participant. [Act No. 2 of 2010 , s. 21, Act No. 45 of 2016 , s. 17.]
Section 22Verify source
§ 23PROTECTING WITNESSES FROM IDENTIFICATION - 23. Non-disclosure of former identity of participantProvision

Participants given permission not to disclose their former identity may lawfully claim their new identity as their only identity; persons associated with administering the programme must not disclose or publish programme information except as authorised by the Director.

Section 23. Non-disclosure of former identity of participant Section 23(1)(a) a participant who has been provided with a new identity under the programme would, apart from this section, be required by or under a law of Kenya to disclose his former identity for a particular purpose; and Section 23(1)(b) the Director has given the participant permission, in the form prescribed by regulations made under this Act, not to disclose his former identity for that purpose, Section 23(2) If a participant has been given permission under subsection (1) not to disclose his former identity for a particular purpose, it is lawful for the participant, in any proceedings or for any purpose, under or in relation to the relevant law of Kenya to claim that his new identity is his only identity. Section 23(3) It shall be the duty of each person who is or has been associated with the administration of the programme, and who has obtained access to information or a document relevant to the programme, not to disclose that information or publish that document except as authorised by the Director. Section 23(4)(a) was provided with a new identity under the programme; and Section 23(4)(b) is no longer a participant but retains that identity.
Section 23Verify source
§ 24PROTECTING WITNESSES FROM IDENTIFICATION - 24. Identity of participant not to be disclosed in legal proceedingsProvision

The section protects participants given new identities from being identified in proceedings: courts may sit in camera, and questions, answers or statements that could disclose a protected identity or place of abode are barred.

Section 24. Identity of participant not to be disclosed in legal proceedings Section 24(1)(a) hold that part of the proceedings which relates to the identity of the participant in private; and Section 24(1)(b) make such order relating to the suppression of publication of evidence given before the court, tribunal or commission as, in its opinion, will ensure that the identity of the participant is not disclosed. Section 24(2) If in any proceedings in a court, tribunal or commission of inquiry, a participant or former participant who has been provided with a new identity under the programme is giving evidence, the court, tribunal or commission may hold that part of the proceedings in camera . Section 24(3)(a) that no question shall be asked in the proceedings which might lead to the disclosure of a protected identity of a participant or former participant or of his place of abode; Section 24(3)(b) that no witness in the proceedings, including a participant or former participant, can be required to answer a question, give any evidence, or provide any information, which may lead to the disclosure of a protected identity of the participant or former participant or of his place of abode; and Section 24(3)(c) that no person involved in the proceedings shall, in the proceedings, make a statement which discloses or could disclose a protected identity of a participant or former participant or his place of abode. Section 24(4) In subsection (3), "protected identity" means an identity of a participant or former participant that is different from the identity under which he is known in or in connection with the proceedings concerned. Section 24(5) This section shall have effect notwithstanding any provision of the Commissions of Inquiry Act ( Cap. 102 ) or any other law or rule of evidence.
Section 24Verify source
§ 25PROTECTING WITNESSES FROM IDENTIFICATION - 25. Documentation restrictionsProvision

Section 25: Documentation restrictions.

Section 25. Documentation restrictions Section has a qualification which he does not have; or
Section 25Verify source
§ 26PROTECTING WITNESSES FROM IDENTIFICATION - 26. Special commercial arrangements by Attorney-GeneralProvision

The Agency may make commercial arrangements with a person that let a participant obtain a benefit under a contract or arrangement without revealing the participant's former identity.

Section 26. Special commercial arrangements by Attorney-General Section The Agency may make commercial arrangements with a person under which a participant is able to obtain a benefit under a contract or arrangement without revealing his former identity. [Act No. 2 of 2010 , s. 24.]
Section 26Verify source
§ 27PROTECTING WITNESSES FROM IDENTIFICATION - 27. Dealing with rights and obligations of participantProvision

Section 27 requires the person to comply with restrictions in subsection (1)(b) and provides that the Agency will accept process on behalf of the participant (subsection (2)(b)).

Section 27. Dealing with rights and obligations of participant Section 27(1)(a) those rights or obligations are dealt with according to law; or Section 27(1)(b) the person complies with those restrictions. Section 27(2)(a) providing protection for the participant while the participant is attending court; or Section 27(2)(b) notifying a party or possible party to legal proceedings that the Agency will, on behalf of the participant, accept process issued by a court, a tribunal or a commission of inquiry and nominating an office for the purpose.
Section 27Verify source
§ 28PROTECTING WITNESSES FROM IDENTIFICATION - 28. Avoidance of obligations by participantProvision

Section 28 concerns participants avoiding pre-existing obligations or restrictions after obtaining a new identity and the Director's power/duty to act if the participant does not satisfy the Director that those obligations or restrictions will be lawfully dealt with or complied with.

Section 28. Avoidance of obligations by participant Section 28(1)(a) to avoid obligations which were incurred before the new identity was established; or Section 28(1)(b) to avoid complying with restrictions which were imposed on the person before the new identity was established, Section 28(2) The notice shall also state that, unless the participant satisfies the Director that the obligations will be dealt with according to law or the restrictions will be complied with, the Director will take such action as he considers reasonably necessary to ensure that they are dealt with according to law or complied with. Section 28(3) Such action may include informing a person who is seeking to enforce rights against the participant of the details of any property, whether real or personal, owned by the participant under his former identity. [Act No. 2 of 2010 , s. 26.]
Section 28Verify source
§ 29PROTECTING WITNESSES FROM IDENTIFICATION - 29. Payments under witness protection programmeOffence

The Director may, at his discretion, certify in writing that whole or part of an amount held by a participant represents payments made to the participant under the programme.

Section 29. Payments under witness protection programme Section 29(1) The Director may, at his discretion, certify in writing that the whole or part of an amount held by a participant represents payments made to the participant under the programme. Section 29(2) An amount so certified cannot be confiscated or restrained, and cannot be applied in payment of pecuniary penalties, under any law. [Act No. 2 of 2010 , s. 27.]
Section 29Verify source

Part IIIA

RECIPROCAL PROTECTION ARRANGEMENTS WITH FOREIGN COUNTRIES

§ 29ARECIPROCAL PROTECTION ARRANGEMENTS WITH FOREIGN COUNTRIES - 29A. Admission of witnesses from foreign countries on reciprocal basisProvision

Allows reciprocal admission of qualifying foreign witnesses into Kenya's witness protection programme and reciprocal protection of Kenyan witnesses under a foreign country's witness protection regime.

Section 29A. Admission of witnesses from foreign countries on reciprocal basis Section 29A(1)(a) to admit, on reciprocal basis, qualifying witnesses from that country into the witness protection programme under this Act; or Section 29A(1)(b) to have Kenyan witnesses protected under the witness protection regime of that foreign country. Section 29A(2)(a) personal particulars and relevant documentation with respect to the witnesses sought to be protected; Section 29A(2)(b) the reasons for their protection, and the nature of the risk or threat they are facing; Section 29A(2)(c) the period of protection; Section 29A(2)(d) the source of funding to meet their protection costs; and Section 29A(2)(e) any other relevant particulars.
Section 29AVerify source
§ 29BRECIPROCAL PROTECTION ARRANGEMENTS WITH FOREIGN COUNTRIES - 29B. Application for admission of a foreign witnessProvision

The Director must assess and decide on admitting a foreign witness after consulting the Attorney-General; if admitted the Director must liaise with the Cabinet Secretary for immigration permits; the Agency may make Regulations to implement this Part.

Section 29B. Application for admission of a foreign witness Section 29B(1) An application for protection under this Part shall be in the prescribed form. Section 29B(2) Upon receipt of an application under subsection (1), the Director shall assess and, after consultation with the Attorney-General, determine whether or not to admit the witness into the programme. Section 29B(3)(a) request to be furnished with such further information as may be necessary; and Section 29B(3)(b) confirm that the foreign authority requesting for such protection shall provide all the resources and other material necessary for the protection. Section 29B(4) Where it is decided to admit a foreign witness in the programme, the Director shall liaise with the Cabinet Secretary responsible for immigration for the necessary permits. Section 29B(5) The Agency may make Regulations to give full effect of this Part. [Act No. 45 of 2016 , s. 18.]
Section 29BVerify source
§ 29CRECIPROCAL PROTECTION ARRANGEMENTS WITH FOREIGN COUNTRIES - 29C. Admission of witnesses at request of international court, or tribunal, to which Kenya is a partyProvision

The Director may, subject to any other law, admit any witness to the programme at the request of an international court, tribunal, commission, institution or organisation to which Kenya is a party, after consultations with the Attorney-General.

Section 29C. Admission of witnesses at request of international court, or tribunal, to which Kenya is a party Section 29C(1) Subject to the provisions of any other law, the Director may upon request from an international court, tribunal, commission, institution or organisation to which Kenya is a party, and after consultations with the Attorney-General, admit any witness to the programme. Section 29C(2) The provisions of this Part relating to the protection of foreign witnesses shall, with necessary modifications, apply to a request made pursuant to this section. [Act No. 45 of 2016 , s. 18.]
Section 29CVerify source

Part IV

MISCELLANEOUS

§ 30MISCELLANEOUS - 30. Disclosures concerning participantsProvision

Requires disclosures about the identity or location of a person who is or has been a witness or participant.

Section 30. Disclosures concerning participants Section about the identity or location of a person who is or has been a witness or participant; or
Section 30Verify source
§ 30AMISCELLANEOUS - 30A. Prohibition of false representationOffence

A person must not, without the Agency's prior written approval and in connection with an activity carried on by them, use or publish a name, description, title or symbol that suggests the activity is carried out under this Act or on behalf of the Agency; doing so is an offence punishable by a fine not exceeding five hundred thousand shillings or imprisonment for up to three years or both.

Section 30A. Prohibition of false representation Section A person who, without prior written approval of the Agency, in connection with an activity carried on by him takes, assumes, uses or in any manner publishes a name, description, title or symbol conveying or purporting to indicate or convey or which is calculated or is likely to lead other persons to believe or infer that the activity is carried on under or by virtue of the provisions of this Act or on behalf of the Agency, commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding three years or both. [Act No. 2 of 2010 , s. 28.]
Section 30AVerify source
§ 30BMISCELLANEOUS - 30B. Offences in connection with staff of the AgencyOffence

A person who is not the Director or a member of staff of the Agency must not, by words, conduct or demeanour, falsely represent himself to be the Director or a member of staff of the Agency.

Section 30B. Offences in connection with staff of the Agency Section not being the Director or a member staff of the Agency, by words, conduct or demeanour falsely represents himself to be the Director or member of staff of the Agency;
Section 30BVerify source
§ 30CMISCELLANEOUS - 30C. Obstruction of the staff of the AgencyOffence

Obstructing staff of the Agency is an offence punishable on a first offence by a fine not exceeding one million shillings.

Section 30C. Obstruction of the staff of the Agency Section for a first offence, to a fine not exceeding one million shillings; and
Section 30CVerify source
§ 30DMISCELLANEOUS - 30D. Prohibition of access to premises of the AgencyOffence

The Cabinet Secretary may prohibit or restrict access to Agency land or premises on the Director's request; the Agency may take security measures and publish notices; unauthorised entry is an offence punishable by a fine of at least five hundred thousand shillings, or up to three years' imprisonment, or both.

Section 30D. Prohibition of access to premises of the Agency Section 30D(1) The Cabinet Secretary responsible for internal security may, on the request of the Director, by notice in the Gazette or in any other manner as it may be necessary in the circumstances, prohibit or restrict access to land or premises under the control of the Agency. Section 30D(2) The Agency may take or cause to be taken measures as it may consider necessary for the security of, or the application of, a prohibition of or a restriction on access to land or premises referred to in subsection (1), and may in connection with measures taken cause notices to be published or warning notices to be erected as it may, in each particular case, consider necessary. Section 30D(3) A person who enters upon or is on land or premises in contravention of a prohibition or restriction under subsection (1) commits an offence and is liable on conviction to a fine of not less than five hundred thousand shillings, or to imprisonment for a term not exceeding three years or to both. [Act No. 2 of 2010 , s. 28, Act No. 18 of 2018 , Sch.]
Section 30DVerify source
§ 30EMISCELLANEOUS - 30E. Prohibition on disclosure without consentOffence

Persons must not disclose or publish non-public Agency documents, communications or information without the Agency's written consent; Director or staff may disclose criminal activity; breach is an offence liable to at least ten years' imprisonment.

Section 30E. Prohibition on disclosure without consent Section 30E(1) Subject to section 31(2) , a person shall not, without the written consent given by or on behalf of the Agency, publish or disclose to another person the contents of a document, communication or information which the Agency itself has not made public and which has come to the persons knowledge in the course of his duty or association with the Agency under this Act, or, having information which has been published or disclosed without the authority, publish or communicate that information to another person. Section 30E(2) The limitation on disclosure in this section shall not be construed to prevent the disclosure of criminal activity by the Director or staff of the Agency. Section 30E(3) A person who contravenes the provisions of subsection (1) commits an offence and is liable on conviction to imprisonment for a term of not less than ten years. [Act No. 2 of 2010 , s. 28.]
Section 30EVerify source
§ 30FMISCELLANEOUS - 30F. Prohibition against intimidation, harassment etc.Offence

People must not intimidate, harass, obstruct, threaten, hinder or prevent a witness with intent to subvert justice.

Section 30F. Prohibition against intimidation, harassment etc. Section 30F(1) A person shall not intimidate, harass, obstruct, threaten, hinder or prevent a witness with intention to subvert the course of justice. Section 30F(2) A person who contravenes the provisions of subsection (1) commits an offence and is liable, on conviction, to a term of imprisonment not exceeding five years. [Act No. 45 of 2016 , s. 19.]
Section 30FVerify source
§ 31MISCELLANEOUS - 31. Disclosure by participants and othersProvision

Section 31 lists categories of information related to participants, family members, memoranda of understanding, actions by the Director or officers, and witnesses that are addressed for disclosure, and it lists Agency authorization, investigatory determination, and High Court orders as conditions for disclosure.

Section 31. Disclosure by participants and others Section 31(1)(a) the fact that he or a member of his family has entered a memorandum of understanding under section 7 ; Section 31(1)(b) details of the memorandum of understanding; Section 31(1)(c) information relating to anything done by the Director or any officer under this Act; or Section 31(1)(d) information about any officer gained by the person as a result of anything done under this Act, Section 31(2)(a) has been authorised by the Agency; Section 31(2)(b) which has been determined by the Agency for purposes of investigation; or Section 31(2)(c) is necessary to comply with an order of the High Court. Section 31(3)(a) the person is a witness who is the subject of consideration under section 5 for inclusion in the programme (even if the Director subsequently decides not to include the witness); or Section 31(3)(b) the person is a witness included in the programme temporarily under section 9 (even if the witness does not go on to be included in the programme).
Section 31Verify source
§ 32MISCELLANEOUS - 32. Non-compellability of witnessesProvision

People who gain information through association, duty or service with the programme or the Agency cannot be compelled in court, tribunal or commission of inquiry to produce documents or disclose matters related to the Agency's functions or protection of programme witnesses, except where the High Court orders otherwise.

Section 32. Non-compellability of witnesses Section Except as otherwise provided by an order of the High Court, a person who acquires knowledge or information as a result of association or connection, duty or service with the programme or the Agency shall not be compellable, in proceedings in a court, tribunal or commission of inquiry, to produce any document or to divulge or communicate a matter or a thing related to the exercise of functions under this Act or the protection of witnesses included in the programme. [Act No. 2 of 2010 , s. 30.]
Section 32Verify source
§ 33MISCELLANEOUS - 33. Protection of witnessesProvision

Witnesses who assisted or disclosed information to the court or law enforcement agency are entitled not to be identified or to have identifying information disclosed; the court must remove or conceal identifying information from documents in proceedings; the court may permit identification where necessary to ensure justice.

Section 33. Protection of witnesses Section 33(1)(a) any assistance given by the witness to the court or to a law enforcement agency; Section 33(1)(b) a disclosure of information made by the witness to the court or to a law enforcement agency. Section 33(2) Subsection (1) does not apply with respect to a statement made by a witness who did not believe it to be true. Section 33(3) No person shall be required to identify, or provide information that might lead to the identification of, a witness who assisted or disclosed information to the court or law enforcement agency. Section 33(4) In any proceedings before a court, the court shall ensure that information that identifies or might lead to the identification of a person who assisted or disclosed information to the court or law enforcement agency is removed or concealed from any documents to be produced or inspected in connection with the proceeding. Section 33(5) Subsections (3) and (4) shall not apply to the extent determined by the court to be necessary to ensure that justice is fully done.
Section 33Verify source
§ 34MISCELLANEOUS - 34. Immunity from legal proceedingsProvision

Persons are exempt from liability for acts or omissions done in good faith when exercising or purportedly exercising a function conferred by or under this Act.

Section 34. Immunity from legal proceedings Section No person shall be liable to any action, claim, suit or demand whether criminal or civil in respect of any thing done or omitted to be done by him in good faith in the exercise or purported exercise of a function conferred by or under this Act.
Section 34Verify source
§ 35MISCELLANEOUS - 35.[Repealed by ActNo. 45 of 2016, s. 20.]Repeal

Section 35 has been repealed.

Section 35.[Repealed by ActNo. 45 of 2016, s. 20.]
Section 35Verify source
§ 36MISCELLANEOUS - 36. Regulations and rulesProvision

The Attorney-General may make regulations under the Act; the Chief Justice may, in consultation with the Director, make rules of court required or permitted by the Act, subject to specified constraints.

Section 36. Regulations and rules Section 36(1) The Attorney-General may make Regulations for or with respect to any matter which by this Act is required or permitted to be prescribed or which is necessary or expedient to be prescribed for carrying out or giving effect to this Act. Section 36(2) The Chief Justice may, in consultation with the Director, make such rules of court as may be required or permitted by this Act to be made or as may be necessary or expedient to be made for carrying out or giving effect to this Act. Section 36(3)(a) be in line with the general purpose and objectives of this Act; Section 36(3)(b) be limited only to the matters set out in this Act; and Section 36(3)(c) comply to the drafting standards set out under this Act.
Section 36Verify source

Legislative relationships

4 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

4 instruments

  • Agency until a Director is appointed under this Act

    Section 3O

  • Agency’s functions under this Act

    Section 3I

  • Commissions of Inquiry Act

    Section 24

  • Committee Section 3V(1)(a) appeals from decisions of the Director under this Act

    Section 3V

Recorded versions and source checkpoint

1 version available in this collection

Current-law checkpoint
  • 31 Dec 2022 · currentEnglish

This relationship view does not by itself establish whether another instrument remains in force.

Check official source

Source-linked research

Ask AI about this statute

The overview, provisions, and source records above are public. Continue in a separate conversation with this statute’s jurisdiction and source version attached.

About this LexChat collection

Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.