Protection of safety of physical or psychological well-being of victims, witnesses and families

Kenya

Kenya - International Crimes Act 2008 EN

PART III—GENERAL PROVISIONS RELATING TO REQUESTS FOR ASSISTANCE

25.
(2) Without limiting the generality of subsection (1), if the ICC requests that particular information that is made available with a request for assistance 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, the Kenyan authorities shall use their best endeavours to give effect to that request.

Kenya - Mutual Legal Assistance Act 2011 (2012) EN

PART VIII – GENERAL PROVISIONS

49. Consultation in event of concurrent jurisdiction

(2) (b) location, protection and other interests of witnesses and third parties;
(c) interests of any victim and third parties;

Kenya - Witness Protection Act 2006 (2020) EN

4. Protective action
(1) The Agency shall establish and maintain a witness protection programmeandprogramme and shall take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons.
(2) Without prejudice to the generality of subsection (1), the action taken undersubsectionunder subsection (1) may include but not be limited to—
(a) physical and armed protection;
(b) relocation within or outside Kenya;;
(c) change of identity; or
(d) any other measure necessary to ensure the safety of a protected person;
(3) The Agency may request the courts, in support of the programme, toimplementto implement protection measures during court proceedings which measures may include but not be limited to—
(a) holding in camera or closed sessions;
(b) the use of pseudonyms;
(c) the reduction of identifying information;
(d) the use of video link; or
(e) employing measures to obscure or distort the identity of the witness.
(4) The Agency shall put in place support measures to facilitate the integrationof integration of the protected person.
[Act No. 2 of 2010, s. 6, Act No. 45 of 2016, s. 14.]6.]

Rome Statute

Article 87 Requests for cooperation: general provisions

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.