29A. Admission of witnesses from foreign countries on reciprocal basis
(1) The Director, in consultation with the Attorney-General, may on the basisof any treaty or convention ratified by Kenya enter into a written agreement with a competent authority from a foreign country—
(a) to admit, on reciprocal basis, qualifying witnesses from that country into the witness protection programme under this Act; or
(b) to have Kenyan witnesses protected under the witness protection regime of that foreign country.
(2) The particulars for the agreement referred to under subsection (1) shallinclude—
(a) personal particulars and relevant documentation with respect to the witnesses sought to be protected;
(b) the reasons for their protection, and the nature of the risk or threat they are facing;
(c) the period of protection;
(d) the source of funding to meet their protection costs; and
(e) any other relevant particulars.
[Act No. 45 of 2016, s. 18.]
29B. Application for admission of a foreign witness
(1) An application for protection under this Part shall be in the prescribed form. (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.
(3) Before a foreign witness is admitted into the programme under this section,the Director shall—
(a) request to be furnished with such further information as may be necessary; and
(b) confirm that the foreign authority requesting for such protection shall provide all the resources and other material necessary for the protection.
(4) Where it is decided to admit a foreign witness in the programme, the Directorshall liaise with the Cabinet Secretary responsible for immigration for the necessary permits.
(5) The Agency may make Regulations to give full effect of this Part.
(a) The Court shall have the authority to make requests to States Parties for cooperation. The requests shall be transmitted through the diplomatic channel or any other appropriate channel as may be designated by each State Party upon ratification, acceptance, approval or accession. Subsequent changes to the designation shall be made by each State Party in accordance with the Rules of Procedure and Evidence.
(b) When appropriate, without prejudice to the provisions of subparagraph (a), requests may also be transmitted through the International Criminal Police Organization or any appropriate regional organization.
2. Requests for cooperation and any documents supporting the request shall either be in or be accompanied by a translation into an official language of the requested State or one of the working languages of the Court, in accordance with the choice made by that State upon ratification, acceptance, approval or accession. Subsequent changes to this choice shall be made in accordance with the Rules of Procedure and Evidence.
3. The requested State shall keep confidential a request for cooperation and any documents supporting the request, except to the extent that the disclosure is necessary for execution of the request.
4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.
(a) The Court may invite any State not party to this Statute to provide assistance under this Part on the basis of an ad hoc arrangement, an agreement with such State or any other appropriate basis.
(b) Where a State not party to this Statute, which has entered into an ad hoc arrangement or an agreement with the Court, fails to cooperate with requests pursuant to any such arrangement or agreement, the Court may so inform the Assembly of States Parties or, where the Security Council referred the matter to the Court, the Security Council.
6. The Court may ask any intergovernmental organization to provide information or documents. The Court may also ask for other forms of cooperation and assistance which may be agreed upon with such an organization and which are in accordance with its competence or mandate.
7. Where a State Party fails to comply with a request to cooperate by the Court contrary to the provisions of this Statute, thereby preventing the Court from exercising its functions and powers under this Statute, the Court may make a finding to that effect and refer the matter to the Assembly of States Parties or, where the Security Council referred the matter to the Court, to the Security Council.