Non-disclosure of former identity – witness protection


Kenya - Witness Protection Act 2006 (2020) EN

22. Information not to be disclosed
(1) A person who, either directly or indirectly, makes a record of, or discloses orcommunicatesor communicates to another person, any information relating to the making of an entry under this Act in a register of births, deaths or marriages, unless it is necessary to do so—
(a) for the purposes of this Act;
(b) for the purposes of an investigation by the Director of Public ProsecutionsAttorney-General, the National Police ServicesForce or otheranother law enforcement agenciesagency; or.
(c) to comply with an order of the High Court,
is guilty of an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or imprisonment for a term not exceeding three years, or both.
(2) Notwithstanding subsection (1), the Agency may disclose the former identityofidentity of a participant or former participant for the purpose of obtaining documents relating to the new identity of the participant or former participant .
[Act No. 2 of 2010, s. 21, Act No. 45 of 2016, s. 1721.]
23. Non-disclosure of former identity of participant
(1) Where—
(a) a participant who has been provided with a new identity under the programme would, apart from this section, be required by or under a law of Kenya to disclose his former identity for a particular purpose; and
(b) the Director has given the participant permission, in the form prescribed by regulations made under this Act, not to disclose his former identity for that purpose,
the participant is not required to disclose his former identity to any person for that purpose.
(2) If a participant has been given permission under subsection (1) not todiscloseto disclose his former identity for a particular purpose, it is lawful for the participant, in any proceedings or for any purpose, under or in relation to the relevant law of Kenya to claim that his new identity is his only identity.
(3) It shall be the duty of each person who is or has been associated with theadministrationthe administration of the programme, and who has obtained access to information or a document relevant to the programme, not to disclose that information or publish that document except as authorised by the Director.

30E. Prohibition on disclosure without consent.
(1) Subject to section 31(2), a person shall not, without the written consentgivenconsent given by or on behalf of the Agency, publish or disclose to another person the contents of a document, communication or information which the Agency itself has not made public and which has come to the persons knowledge in the course of his duty or association with the Agency under this Act, or, having information which has been published or disclosed without the authority, publish or communicate that information to another person.
(2) The limitation on disclosure in this section shall not be construed to preventtheprevent the disclosure of criminal activity by the Director or staff of the Agency.
(3) A person who contravenes the provisions of subsection (1) commits anoffencean offence and is liable on conviction to imprisonment for a term of not less than ten years.

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;