Privileges and immunities โ€“ witnesses โ€“ APIC


Kenya - Witness Protection Act 2006 (2020) EN

(1) No action or proceeding, including a disciplinary action, may be institutedorinstituted or maintained against a witness in respect ofโ€”
(a) any assistance given by the witness to the court or to a law enforcement agency;
(b) a disclosure of information made by the witness to the court or to a law enforcement agency.
(2) Subsection (1) does not apply with respect to a statement made by a witnesswhowitness who did not believe it to be true.
(3) No person shall be required to identify, or provide information that mightleadmight lead to the identification of, a witness who assisted or disclosed information to the court or law enforcement agency.
(4) In any proceedings before a court, the court shall ensure that informationthatinformation that identifies or might lead to the identification of a person who assisted or disclosed information to the court or law enforcement agency is removed or concealed from any documents to be produced or inspected in connection with the proceeding.
(5) Subsections (3) and (4) shall not apply to the extent determined by the courttocourt to be necessary to ensure that justice is fully done.


ARTICLE 19 Witnesses

1. Witnesses shall enjoy the following privileges, immunities and facilities to the extent necessary for their appearance before the Court for purposes of giving evidence, including the time spent on journeys in connection with their appearance before the Court, subject to the production of the document referred to in paragraph 2 of this article:

2. Witnesses who enjoy the privileges, immunities and facilities referred to in paragraph 1 of this article shall be provided by the Court with a document certifying that their appearance is required by the Court and specifying a time period during which such appearance is necessary.

(a) Immunity from personal arrest or detention;

(b) Without prejudice to subparagraph (d) below, immunity from seizure of their personal baggage unless there are serious grounds for believing that the baggage contains articles the import or export of which is prohibited by law or controlled by the quarantine regulations of the State Party concerned;

(c) Immunity from legal process of every kind in respect of words spoken or written and all acts performed by them in the course of their testimony, which immunity shall continue to be accorded even after their appearance and testimony before the Court;

(d) Inviolability of papers and documents in whatever form and materials relating to their testimony;

(e) For purposes of their communications with the Court and counsel in connection with their testimony, the right to receive and send papers and documents in whatever form;

(f) Exemption from immigration restrictions or alien registration when they travel for purposes of their testimony;

(g) The same repatriation facilities in time of international crisis as are accorded to diplomatic agents under the Vienna Convention.