National procedures for inclusion in programme – witness protection


Kenya - Witness Protection Act 2006 (2020) EN

. Inclusion in witness protection programme
(1) The decision to admit into or exclude any person from the programme, shallbeshall be the responsibility of the Director.
(2) A person may be included in the programme only if—
(a) the Director has decided that the witness be so included;
(b) the person agrees to be included; and
(c) a memorandum of understanding in accordance with section 7 is signed by the witness or by—
(i) a parent or guardian of the person if the person is under the age of eighteen years; or
(ii) a guardian or other person who is usually responsible for the care and control of the person, if the person otherwise lacks legal capacity to sign it.
(3) Where a person has not been offered protection under the programme, awrittena written request for his inclusion in the programme may be made to the Director by—
(a) the witness; or
(b) a law enforcement agency;.

Witness Protection
(c) a public prosecutor; or
(d) a legal representative or any other intermediary.
(4) An application for the protection of a person below the age of eighteen may, in circumstances as the Attorney-GeneralMinister may specify in Regulations, be made without the consent of the person’s parent or guardian.
(5) The Agency shall process the request under subsection (3) without unduedelayundue delay.
(6) Where—
(a) a parent or guardian of a witness signs a memorandum of understanding because the witness was under the age of eighteen; and
(b) the memorandum is still operating after the witness turns eighteen, the Agency may require the witness to sign the memorandum.
(7) The inclusion of a witness or protected person in the programme shall notbenot be treated as a reward or a means of persuading or encouraging the witness to give evidence or to make a statement.
(1) A person admitted into the programme shall be protected for as long as thedanger or risk to their safety persists.

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;