Witness protection - national proceedings

Republic of Kenya

Kenya - Prevention of Torture Act 2017 EN

13. (9) The investigating authority shall-
(a) protect any complainant and witness from intimidation and reprisals during the course of investigations; and
(b) ensure their physical and psychological integrity before, during and after the proceedings.

16. (7) f a court directs that a vulnerable witness be allowed to give evidence through an intermediary, the intermediary may-
(a) convey the general purport of any question to the relevant witness;
(b) inform the court at any time that the witness is fatigued or stressed; and
(c) request the court for a recess.

(8) In determining which of the protective measures referred to in subsection (4) should be applied to a witness, the court shall have regard to all the circumstances of the case, including-
(a) any views expressed by the witness, but the court shall accord the views the weight it considers appropriate in view of the age of the witness and maturity;
(b) any views expressed by a knowledgeable person who is acquainted with or has dealt with the witness;
(c) the need to protect the dignity of the witness and safety and protect the witness from trauma; and
(d) the question whether the protective measures are likely to prevent the evidence given by the witness from being effectively tested by a party to the proceedings.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(j) The protection of victims and witnesses and the preservation of evidence;