Victim Protection Act

This Act may be cited as the Victim Protection Act.

Section 2. Interpretation Section 2(1)(a) the National Police Service; Section 2(1)(b) the office of the Director of Public Prosecution; and Section 2(1)(c) any other department, office or agency of the state or statutory body that is

The section recognizes and gives effect to the rights of victims of crime.

Courts, administrative bodies and persons under the Act must respect constitutional values and, where a court or police officer believes a victim faces intimidation or retaliation, the Board must immediately refer the victim to the Witness Protection Agency; vulnerable victims are entitled to state-funded legal and social services and to contact family or caregivers.

Victims are entitled to the rights and welfare under this Act and cannot be denied those rights merely because similar protections exist in other laws.

Individuals have a right to be free from intimidation, harassment, fear, tampering, bribery, corruption and abuse.

Any person dealing with a victim must immediately secure the victim from further harm before taking any other action.

Victims may make victim impact statements to sentencing courts; prosecuting agencies must refer victims who wish to make statements to victims' services for assistance; victims have a right to present such statements when the court considers victim protection and welfare; the statement should include impact information and safety concerns.

Persons charged with assisting victims must undertake a preliminary assessment of every victim and file a report within twenty-four hours; reports must include case details and victims must be classified as general or vulnerable. If many victims result from terrorism, unrest, war or similar, officers must immediately open a special register with victim details.

Record the victim's name and age; if the age is unknown, record the approximate age.

Victims are entitled to privacy and confidentiality, with limited exceptions for law, law enforcement/prosecution/other legal proceedings, and to protect safety; the right is waived if the victim publicizes or consents to publication.

Lists victims' rights during trial, including presence at trial, timely proceedings, participation in plea bargaining, advance notice and access to evidence, interpreter assistance by the State if needed, being informed of charges, and presentation of views during proceedings.

Victim as a complainant

The Board must provide appropriate support services in addition to enforcing rights under section 8.

Victims have a right to restorative justice; parties may withdraw at any time; agreements can be recorded and enforced as court orders; restorative processes run for six months unless the court grants an extension.

If a law enforcement agency holds a victim's property and it is no longer needed as evidence, the head of that agency must promptly return the property to the victim.

Section 17 sets out who qualifies as a vulnerable victim, allows the court or competent authority to summon an expert when there are doubts, requires the court or competent authority to direct appointment of a representative when a victim is declared vulnerable, grants vulnerable victims several entitlements (special consideration; programs from the Director; protections for children), and permits vulnerable victims to appoint representatives or request assistance.

Police officers, the Director of Public Prosecutions, or any presiding public officer must commit a vulnerable child victim to a place of safety if it appears imprudent to place the child with parents, guardians or care-givers, until the court decides; a child held in any institution is entitled to treatment in accordance with the Children Act (Cap. 141).

A victim is entitled to information under Article 35, this Act or any other written law, subject to limits to avoid delaying or prejudicing investigations, prosecutions, safety, or the course of justice.

Victims have a right to submit information to authorities; victims must ensure information is true; information may be recorded and signed; collecting victim views must not prejudice or delay proceedings.

When an offender is serving a custodial sentence, provide the name and address of the institution where the sentence is being served.

The section requires the Cabinet Secretary to place at-risk victims under witness protection immediately; the police must promptly return victims' property unless needed for investigations or prosecution; and the prosecution must finalize cases expeditiously when property is retained for prosecution.

Victims are entitled to restitution or compensation from the offender and to restitution of property deprived as a result of an offence.

The court may award compensation under this Act.

This section is in addition to any other sentence or order the court may make against a person.

The court may order restitution for victims including damage to property, medical or psychological treatment costs, related transportation/accommodation/living expenses for court proceedings, or any other relief the court considers necessary.

Establishes a Fund called the Victim Protection Trust Fund.

Lists the Fund's sources of funds and the purposes for which the Fund may be used, and states that the Board may recommend other purposes.

If a fine is imposed on a person under Kenyan law, that person must pay a victim surcharge levy to the government when and where the fine is payable; the levy is calculated under a formula prescribed by the Cabinet Secretary responsible for justice.

Members appointed under subsection (1)(b) are appointed by notice in the Gazette and serve three-year terms that may be renewed once; the Board must follow Cabinet Secretary regulations and not have more than two thirds of members of the same gender.

Establishes the Victim Protection Board, lists its membership, specifies appointment and term rules for certain nominated members, sets a gender composition limit, locates the Secretariat, and allows the Board to regulate its own procedure subject to the Schedule.

The Board must advise the Cabinet Secretary on inter-agency activities to protect victims of crime and implement preventive, protective and rehabilitative programmes for victims of crime.

The Board must each year submit to the Cabinet Secretary and to the National Assembly an annual report on policies, programmes and activities for implementing this Act.

The Cabinet Secretary may make regulations to set up procedures to monitor and assess the application and compliance with the Act, and those regulations may require annual monitoring (or at intervals prescribed) and must be made after consultation with the Cabinet Secretary responsible for women and children; they are limited to bringing into effect the Act and guided by principles in the Interpretation and General Provisions Act and the Statutory Instruments Act.

Employers must not penalize victims for appearing in court as witnesses or for attending meetings with law enforcement at their request to assist investigations or prosecutions.

Anyone who contravenes a provision of the Act that has no specified penalty is liable on conviction to a fine not exceeding one million or imprisonment for up to ten years.