29A. Admission of witnesses from foreign countries on reciprocal basis
(1) The Director, in consultation with the Attorney-General, may on the basisof any treaty or convention ratified by Kenya enter into a written agreement with a competent authority from a foreign country—
(a) to admit, on reciprocal basis, qualifying witnesses from that country into the witness protection programme under this Act; or
(b) to have Kenyan witnesses protected under the witness protection regime of that foreign country.
(2) The particulars for the agreement referred to under subsection (1) shallinclude—
(a) personal particulars and relevant documentation with respect to the witnesses sought to be protected;
(b) the reasons for their protection, and the nature of the risk or threat they are facing;
(c) the period of protection;
(d) the source of funding to meet their protection costs; and
(e) any other relevant particulars.
[Act No. 45 of 2016, s. 18.]
29B. Application for admission of a foreign witness
(1) An application for protection under this Part shall be in the prescribed form. (2) Upon receipt of an application under subsection (1), the Director shall assess and, after consultation with the Attorney-General, determine whether or not to admit the witness into the programme.
(3) Before a foreign witness is admitted into the programme under this section,the Director shall—
(a) request to be furnished with such further information as may be necessary; and
(b) confirm that the foreign authority requesting for such protection shall provide all the resources and other material necessary for the protection.
(4) Where it is decided to admit a foreign witness in the programme, the Directorshall liaise with the Cabinet Secretary responsible for immigration for the necessary permits.
(5) The Agency may make Regulations to give full effect of this Part.