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Last Updated: 8/5/2008
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On the 8th of May 2008, the Attorney-General launched the Witness Protection Programme which was a landmark in the Criminal Justice System not only in Kenya but in Africa. Kenya becomes the second country, after South Africa, to launch this programme.
A multi-agency task team constituted by the AG consisting of the Police, Provincial Administration, the Judiciary, the National Security Intelligence Services, the Kenya Anti-corruption commission, the Immigration Department, the National Counter-terrorism Centre, the Prisons Department and the Ministry of Justice and Constitutional Affairs reported the following terms of reference:
- Formulate procedure of referring witnesses to the witness protection program.
- To advise the Attorney-General on the financial/administrative aspects of the entire program.
- Proposing amendments in certain acts e.g, the Evidence Act.
- To define the role of various players within the witness protection program.
- To advise on modalities for cooperation with other countries and international agencies for the better carrying out of the objects of the program.
- To formulate rules and regulations for better carrying out or giving effect to the act.
The Attorney-General reported the need for a Witness Protection Programme as follows:
- Violent organized criminal gangs intimidate, threaten and kill witnesses who cooperate with law enforcement agencies.
- Following the post election violence, grave human rights violations, wanton destruction of property and emergence of new criminal groups organized along ethnic lines had posed a challenge to investigations and prosecution authorities.
- Most witnesses/victims were unwilling to cooperate/testify against perpetrators of these serious crimes for fear of their lives.It was therefore inevitable to have in place a witness protection programme to ensure the safety and security of witnesses whose lives were in danger on account of their evidence.
- Witness protection as strategy to combat crime required inter-agency, regional and international cooperation as well as mutual legal assistance in cases of serious and organized crime.
The Attorney-General reported that he will be gazetting the program act from 1st July 2008 after its budget allocation and drafted laws.
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Office of Public Communications
KICC Building, 3rd Floor
P.O.Box 45617-00100
Nairobi
Tel: +254-020-2240488
+254-020-2223521
Fax: +254-020-2240600
E-mail: comms@comms.go.ke
SMS (Zain/Safaricom): 2888
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