1. Zainab Musa an advocate of the High court of Kenya working for Witness Protection Agency (W.P.A.) as a protection officer and who is counsel for the applicant herein filed the Exparte Chamber Summons dated 19.1.26 under certificate of urgency seeking orders :-
1. That this Honourable court be pleased to certify this application as urgent and hear it ex- parte in the first instance.
2. THAT this Honourabe Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to use pseudonyms during his testimony and other appearances before court .
3. THAT this Honourable Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to testify in camera or closed session .
4. THAT this Honourable Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to testify in a witness protection box during her testimony.
5. THAT this Honourable Court be pleased to grant witness protection orders for the identity of the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to be concealed and to give testimony through special camera concealed video (virtual ) link specially generated for the particular hearing of the protected witness.
6. THAT the witness protection order for the protected witness J.N.O in MSCO /E079 /2025 police file no. file no. 693/70/2025 before Ogembo law Courts to testify with the aid of an intermediary psychosocial officer from the witness protection agency .
7. THAT the witness protection order for the protected witness J.N.O in MSCO /E079 /2025 police file no. file no. 693/70/2025 before Ogembo law Courts and be brought to the attention of the Hon Magistrate hearing the matter.
8. That the Miscellaneous application file germane to this application be kept under key and lock and be accessed by the Witness protection Agency only.
2. The application is premised on the grounds:
1. That the Applicant is a witness in the Criminal Case.
2. That the witness’s life is in danger in danger as a result of the evidence they she has agreed to give.
3. That unless protection orders are granted, there is a high risk of the witness being threatened, harmed , intimidated or his evidence being interfered with .
4. That it is in the interest and justice that protection orders be issued to protect the witnesses and that the combination of the protection measures sought shall most likely maximize and improve the quality of evidence in the circumstances of this case .
3. The chamber summons is based on the children Act 2022 , Witness Protection Act and witness protection rules 2015 . The same is supported by the annexed affidavit Mr Samuel Karimi a protection officer with the Witness Protection Agency, and the annextures thereto. The officer indicated that the application seeks protection of the victim / witness in defilement at the Ogembo Law Courts Sexual case no E079 of 2025 i.e defilement Contrary to Section 8 (1) as read with section 8 (2) and attempted to procure abortion contrary to section 158 of the penal code . Also that the said witness need of protection to avoid her evidence being interfered with and for health care and psychosocial support . Also that she comes from a humble family and was a neighbour to the perpetrators.
4.Section 16 of the Witness Protection Act provides as follows:-
“The High Court may make a witness protection order if it is satisfied that:-
(a) the person named in the application as a witness-
(i) was a witness to or has knowledge of an offence and or has been a witness in criminal proceedings relating to the offence or
(ii) is a person who, because of his relationship to or association with a person to whom subparagraph (i) applies, may require protection or other assistance under this Act;
(b) the life or safety of the person 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; and
(d) the person is likely to comply with the memorandum of understanding.”
5. Article 50 of the Constitution, guarantees all the accused persons a right to a fair trial, which includes public trial. However, Article 50 (8) of the Constitution which provides that:
“This article does not prevent the exclusion of the press or other members of public from any proceedings if the exclusion is necessary, in a free and democratic society to protect witnesses or vulnerable persons, morality, public order or national security.”
6. I have carefully considered the application together with the the annextures herein . This court has a duty to protect witnesses and accused persons . I am satisfied that the applicant has made out a case for protection of the witness whose life is in danger and is thus vulnerable I am persuaded that it would be just and fair in the circumstances that the witness be protected , by excluding members of the public from attending the trial proceedings when the said vulnerable witnesses will give evidence in court, use of pseudonyms , concealment of the identity of the witness during his testimony , use though a special camera using a special link generated for the particular hearing of the witness herein .
7. In the circumstances, I find merit in the application dated 19.1.2026 and I proceed grant prayers 1- 8 .
8. It is so ordered and this file is closed.
T.A ODERA
JUDGE
20.1.26
1. That this Honourable court be pleased to certify this application as urgent and hear it ex- parte in the first instance.
2. THAT this Honourabe Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to use pseudonyms during his testimony and other appearances before court .
3. THAT this Honourable Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to testify in camera or closed session .
4. THAT this Honourable Court be pleased to grant witness protection orders for the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to testify in a witness protection box during her testimony.
5. THAT this Honourable Court be pleased to grant witness protection orders for the identity of the protected witness J.N.O in MSCO /E079 /2025 police file no. 693/70/2025 before Ogembo law Courts to be concealed and to give testimony through special camera concealed video (virtual ) link specially generated for the particular hearing of the protected witness.
6. THAT the witness protection order for the protected witness J.N.O in MSCO /E079 /2025 police file no. file no. 693/70/2025 before Ogembo law Courts to testify with the aid of an intermediary psychosocial officer from the witness protection agency .
7. THAT the witness protection order for the protected witness J.N.O in MSCO /E079 /2025 police file no. file no. 693/70/2025 before Ogembo law Courts and be brought to the attention of the Hon Magistrate hearing the matter.
8. That the Miscellaneous application file germane to this application be kept under key and lock and be accessed by the Witness protection Agency only.
2. The application is premised on the grounds:
1. That the Applicant is a witness in the Criminal Case.
2. That the witness’s life is in danger in danger as a result of the evidence they she has agreed to give.
3. That unless protection orders are granted, there is a high risk of the witness being threatened, harmed , intimidated or his evidence being interfered with .
4. That it is in the interest and justice that protection orders be issued to protect the witnesses and that the combination of the protection measures sought shall most likely maximize and improve the quality of evidence in the circumstances of this case .
3. The chamber summons is based on the children Act 2022 , Witness Protection Act and witness protection rules 2015 . The same is supported by the annexed affidavit Mr Samuel Karimi a protection officer with the Witness Protection Agency, and the annextures thereto. The officer indicated that the application seeks protection of the victim / witness in defilement at the Ogembo Law Courts Sexual case no E079 of 2025 i.e defilement Contrary to Section 8 (1) as read with section 8 (2) and attempted to procure abortion contrary to section 158 of the penal code . Also that the said witness need of protection to avoid her evidence being interfered with and for health care and psychosocial support . Also that she comes from a humble family and was a neighbour to the perpetrators.
4.Section 16 of the Witness Protection Act provides as follows:-
“The High Court may make a witness protection order if it is satisfied that:-
(a) the person named in the application as a witness-
(i) was a witness to or has knowledge of an offence and or has been a witness in criminal proceedings relating to the offence or
(ii) is a person who, because of his relationship to or association with a person to whom subparagraph (i) applies, may require protection or other assistance under this Act;
(b) the life or safety of the person 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; and
(d) the person is likely to comply with the memorandum of understanding.”
5. Article 50 of the Constitution, guarantees all the accused persons a right to a fair trial, which includes public trial. However, Article 50 (8) of the Constitution which provides that:
“This article does not prevent the exclusion of the press or other members of public from any proceedings if the exclusion is necessary, in a free and democratic society to protect witnesses or vulnerable persons, morality, public order or national security.”
6. I have carefully considered the application together with the the annextures herein . This court has a duty to protect witnesses and accused persons . I am satisfied that the applicant has made out a case for protection of the witness whose life is in danger and is thus vulnerable I am persuaded that it would be just and fair in the circumstances that the witness be protected , by excluding members of the public from attending the trial proceedings when the said vulnerable witnesses will give evidence in court, use of pseudonyms , concealment of the identity of the witness during his testimony , use though a special camera using a special link generated for the particular hearing of the witness herein .
7. In the circumstances, I find merit in the application dated 19.1.2026 and I proceed grant prayers 1- 8 .
8. It is so ordered and this file is closed.
T.A ODERA
JUDGE
20.1.26