1. The application herein by the Witness Protection Agency 5/12/2024 by way of Chamber Summons (Ex-parte) seeks a witness protection order for the protected witness in Kwale High Court Criminal Case No. EOO2/2O24 for the witness:
a. to testify in camera or closed session.
b. to use pseudonyms during the hearing of his evidence.
c. to use witness box and voice distortion during the taking of his evidence.
2. The application is brought under Article 50 of the Constitution, Section 4(3) (a) (b) (d) and Section 15 of the Witness Protection Act (Cap.) 79 Laws of Kenya and Rule 5(1), 9(1) of the Witness Protection Rules 20l5.
3. The grounds in support of the application are that:
a. the applicant has under its protection one crucial witness in Kwale High Court Criminal Case No. EOO2/2024.
b. That the witness’ life is in danger as a result of the evidence he has agreed to give in support of the prosecution case.
c. That unless protection orders are granted, there is a high risk of the witness being threatened, intimidated and or harmed.
d. That a Memorandum of Understanding under section 7 of the Witness Protection Act between the witness and the Witness Protection Agency has been signed.
e. That it is in public interest and justice that protection orders be issued to protect the witness.
4. The grounds are expounded in the supporting affidavit of James Ngatia, Protection Officer, sworn on 5/12/2024.
5. I have considered the said application and I am satisfied that:
a. the person identified in the application as a witness was a witness to or has knowledge of an offence and is relating to the offence;
b. the life or safety of the person identified may be endangered as a result of his being a witness;
c. a memorandum of understanding has been entered into by the witness in accordance with section 7 of the Act; and
d. the person is likely to comply with the memorandum of understanding.
6. Consequently, this court grants protection orders for the protected witness in Kwale High Court Criminal Case No. E002 of 2024 to:
a. testify in camera.
b. use pseudonyms during hearing of the case.
c. use witness box and voice distortion during the taking of his Orders accordingly
Orders accordingly.
Ruling dated and delivered on the Virtual Platform Teams in Chambers this 5th day of December 2024.
a. to testify in camera or closed session.
b. to use pseudonyms during the hearing of his evidence.
c. to use witness box and voice distortion during the taking of his evidence.
2. The application is brought under Article 50 of the Constitution, Section 4(3) (a) (b) (d) and Section 15 of the Witness Protection Act (Cap.) 79 Laws of Kenya and Rule 5(1), 9(1) of the Witness Protection Rules 20l5.
3. The grounds in support of the application are that:
a. the applicant has under its protection one crucial witness in Kwale High Court Criminal Case No. EOO2/2024.
b. That the witness’ life is in danger as a result of the evidence he has agreed to give in support of the prosecution case.
c. That unless protection orders are granted, there is a high risk of the witness being threatened, intimidated and or harmed.
d. That a Memorandum of Understanding under section 7 of the Witness Protection Act between the witness and the Witness Protection Agency has been signed.
e. That it is in public interest and justice that protection orders be issued to protect the witness.
4. The grounds are expounded in the supporting affidavit of James Ngatia, Protection Officer, sworn on 5/12/2024.
5. I have considered the said application and I am satisfied that:
a. the person identified in the application as a witness was a witness to or has knowledge of an offence and is relating to the offence;
b. the life or safety of the person identified may be endangered as a result of his being a witness;
c. a memorandum of understanding has been entered into by the witness in accordance with section 7 of the Act; and
d. the person is likely to comply with the memorandum of understanding.
6. Consequently, this court grants protection orders for the protected witness in Kwale High Court Criminal Case No. E002 of 2024 to:
a. testify in camera.
b. use pseudonyms during hearing of the case.
c. use witness box and voice distortion during the taking of his Orders accordingly
Orders accordingly.
Ruling dated and delivered on the Virtual Platform Teams in Chambers this 5th day of December 2024.