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.]

. Assessing witness for inclusion in the programme
(1) In deciding whether to include a witness in the programme, the Director shall have regard to—
(a) the seriousness of the offence to which any relevant evidence or statement relates;
(b) the nature and importance of any relevant evidence or statement;
(c) the nature of the perceived danger to the witness;
(d) deleted by Act No. 2 of 2010, s. 8;
(e) deleted by Act No. 2 of 2010, s. 8;
(f) whether there are viable alternative methods of protecting the witness;
(g) deleted by Act No. 2 of 2010, s. 8;,
(a) the public interest in the prosecution of the case;
ability of the person to adapt to the programme and its measures. and may have regard to such other matters as the Director considers relevant.
(2) The Director shall not include a witness in the programme if the Director does not, in his opinion, have enough information to assess the matters referred to in this section in relation to the witness .

24. Identity of participant not to be disclosed in legal proceedings
(1) If, in any proceedings in a court, tribunal or commission of inquiry, the identityofidentity of a participant is in issue or may be disclosed, the court, tribunal or commission shall, unless it considers that the interests of justice require otherwise—
(a) hold that part of the proceedings which relates to the identity of the participant in private; and
(b) make such order relating to the suppression of publication of evidence given before the court, tribunal or commission as, in its opinion, will ensure that the identity of the participant is not disclosed.
(2) If in any proceedings in a court, tribunal or commission of inquiry, aparticipanta participant or former participant who has been provided with a new identity under the programme is giving evidence, the court, tribunal or commission may hold that part of the proceedings in camera.
(3) The court, tribunal or commission before which any proceedings referred tointo in subsection (1) or (2) are conducted may, if it thinks fit, by order direct—
(a) that no question shall be asked in the proceedings which might lead to the disclosure of a protected identity of a participant or former participant or of his place of abode;
(b) that no witness in the proceedings, including a participant or former participant, can be required to answer a question, give any evidence, or provide any information, which may lead to the disclosure of a protected identity of the participant or former participant or of his place of abode; and
(c) that no person involved in the proceedings shall, in the proceedings, make a statement which discloses or could disclose a protected identity of a participant or former participant or his place of abode.