Related documents
- Is amended by 24th Annual Supplement
- Is amended by Statute Law (Miscellaneous Amendments) Act, 2018

LAWS OF KENYA
WITNESS PROTECTION ACT
CAP. 79
- Assented to on 30 December 2006
- Commenced on 1 September 2008 by Witness Protection Act, Commencement
- [Amended by Witness Protection(Amendment) Act, 2010 (Act No. 2 of 2010) on 12 May 2010]
- [Amended by Witness Protection(Amendment) Act, 2016 (Act No. 45 of 2016) on 13 January 2017]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2018 (Act No. 18 of 2018) on 18 January 2019]
- [Amended by Statute Law (Miscellaneous Amendments) Act, 2020 (Act No. 20 of 2020) on 11 December 2020]
- [Revised by 24th Annual Supplement (Legal Notice 221 of 2023) on 31 December 2022]
Part I – PRELIMINARY
1. Short title
This Act may be cited as the Witness Protection Act.2. Interpretation
In this Act, unless the context otherwise requires—"Agency" means the Witness Protection Agency established by section 3A;"Board" means the Witness Protection Advisory Board established by section 3P;"Commission" means the Salaries and Remuneration Commission established by Article 230 of the Constitution;"Committee" means the Witness Protection Complaints Committee established by section 3U of this Act;"Director" means the Director of the Agency appointed under section 3E;"law enforcement agency" means a government agency responsible for the enforcement of the law;"Minister" deleted by Act No. 18 of 2018, Sch.;"participant" means a witness who is included in the programme;"programme" means the witness protection programme established and maintained under section 4;"protected person" means a person who has been placed under protection in accordance with the provisions of sections 3(2), (5) and (9);"protection officer" includes an officer of the agency charged with the responsibility of protecting a witness;"public interest" means matter affecting the welfare of the state or the rights, health, or finances of the general public;"register of births" means a register of births maintained under the Births and Deaths Registration Act (Cap. 149);"register of deaths" means a register of deaths maintained under the Births and Deaths Registration Act (Cap. 149);"register of marriages" means—3. Application
Part IA – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL
A. The Witness Protection Agency
3A. Establishment of the Agency
3B. Object and purpose of the Agency
3C. Functions of the Agency
The functions of the Agency shall be to—3D. Powers of the Agency
3E. Director of the Agency
3F. Staff of the Agency
3G. Independence of the Agency
3H. Funds of the Agency
3I. Victims Compensation Fund
3J. Estimates of Expenditure
3K. Accounts and audit
3L. Annual reports
3M. Director etc. to have powers of a police officer
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.]3N. Identity certificate and appointment
3O. Dissolution of Witness Protection Unit, savings
B. The Witness Protection Advisory Board
3P. Establishment and membership
3Q. Functions and Powers
3R. Allowances
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.]3S. Meetings and procedure of the Board
3T. Disclosure of interest, etc.
C. The Witness Protection Complaints Committee
3U. Establishment of the Witness Protection Complaints Committee
3V. Functions of Committee
Part II – THE WITNESS PROTECTION PROGRAMME
4. Protective action
5. Inclusion in witness protection programme
6. Assessing witness for inclusion in the programme
7. Memorandum of understanding
8. Variation of memorandum of understanding
A memorandum of understanding may be varied with the consent of the participant and the Director.[Act No. 2 of 2010, s. 10.]9. Temporary protection pending full assessment
10. Cessation of protection and assistance
11. Suspension of protection and assistance
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.]12. Notice of involuntary termination or suspension
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.]Part III – PROTECTING WITNESSES FROM IDENTIFICATION
13. Identifying documents
Without limiting the powers of the Director under section 4, he may apply for any documents necessary—14. Application for court order
15. Court proceedings under this Part to be closed to public
All business of the High Court under this Part shall be conducted in camera.16. Power of High Court to make order
The High Court may make a witness protection order if it is satisfied that—17. Effect of witness protection order
On the making of an order of the kind referred to in section 14(1)(a) or (b)—18. Effect of entries made under this Act
19. Special provision in case of marriage of participant
20. Restoration of former identity
21. Offences in relation to documents
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.22. Information not to be disclosed
23. Non-disclosure of former identity of participant
24. Identity of participant not to be disclosed in legal proceedings
25. Documentation restrictions
The Agency shall not obtain documentation for a participant which represents that the participant—26. Special commercial arrangements by Attorney-General
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.]27. Dealing with rights and obligations of participant
28. Avoidance of obligations by participant
29. Payments under witness protection programme
Part IIIA – RECIPROCAL PROTECTION ARRANGEMENTS WITH FOREIGN COUNTRIES
29A. Admission of witnesses from foreign countries on reciprocal basis
29B. Application for admission of a foreign witness
29C. Admission of witnesses at request of international court, or tribunal, to which Kenya is a party
Part IV – MISCELLANEOUS
30. Disclosures concerning participants
A person who, without lawful excuse, discloses information—30A. Prohibition of false representation
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.]30B. Offences in connection with staff of the Agency
A person, who—30C. Obstruction of the staff of the Agency
A person who assaults, resists or willfully obstructs a member of staff of the Agency or a person acting under the direction of that member of staff in the due execution of his duties under this Act, commits an offence and is liable on conviction—30D. Prohibition of access to premises of the Agency
30E. Prohibition on disclosure without consent
30F. Prohibition against intimidation, harassment etc.
31. Disclosure by participants and others
32. Non-compellability of witnesses
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.]33. Protection of witnesses
34. Immunity from legal proceedings
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.35. [Repealed by Act No. 45 of 2016, s. 20.]
36. Regulations and rules
History of this document
31 December 2022 this version
Revised by
24th Annual Supplement
11 December 2020
18 January 2019
13 January 2017
Amended by
Witness Protection(Amendment) Act, 2016
12 May 2010
Amended by
Witness Protection(Amendment) Act, 2010
01 September 2008
Commenced by
Witness Protection Act, Commencement
30 December 2006
Assented to
Cited documents 2
Act 2
1. | Births and Deaths Registration Act | 78 citations |
2. | Statute Law (Miscellaneous Amendments) Act, 2018 | 30 citations |
Documents citing this one 51
Judgment 35
Gazette 5
1. | Kenya Gazette Vol. CXI-No. 31 | |
2. | Kenya Gazette Vol. CXIV-No. 9 | |
3. | Kenya Gazette Vol. CXVIII-No. 138 | |
4. | Kenya Gazette Vol. CXXIV-No. 125 | |
5. | Kenya Gazette Vol. CXXVII-No. 25 |
Bench Bulletin 4
1. | Bench Bulletin - Issue 12 | |
2. | Bench Bulletin - Issue 18 | |
3. | Bench Bulletin - Issue 41 | |
4. | Bench Bulletin - Issue 44 |
Act 3
1. | Victim Protection Act | 168 citations |
2. | Children Act | 94 citations |
3. | Anti-Bribery Act | 71 citations |
Legal Notice 3
1. | The National Police Service Standing Orders | 6 citations |
2. | The Statutory Instruments (Exemption from Expiry) Regulations | |
3. | The Statutory Instruments (Exemption from Expiry) Regulations |
Bill 1
1. | Statute Law (Miscellaneous Amendments) Bill, 2018 |
Subsidiary legislation
Title
|
|
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The Witness Protection Rules | Legal Notice 225 of 2015 |
The Witness Protection Regulations | Legal Notice 99 of 2011 |