In re Witness Protection Agency [2024] KEHC 8353 (KLR)

In re Witness Protection Agency (Criminal Miscellaneous Application E124 of 2024) [2024] KEHC 8353 (KLR) (8 July 2024) (Ruling)

Neutral citation: [2024] KEHC 8353 (KLR)

Republic of Kenya

In the High Court at Kisumu

Criminal Miscellaneous Application E124 of 2024

MS Shariff, J

July 8, 2024

IN THE MATTER OF ARTICLE 50 AND 53 OF THE CONSTITUTION

IN THE MATTER OF THE CHILDREN ACT, 2022

IN THE MATTER OF THE WITNESS PROTECTION ACT

IN THE MATTER OF THE WITNESS PROTECTIION RULES, 2015

IN THE MATTER OF AN APPLICATION FOR WITNESS PROTECTION

In the matter of

Witness Protection Agency

Applicant

Ruling

1. I have considered the chamber summons dated 5th July, 2024 and the supporting affidavit of Josiah Loponet sworn on even date and I am persuaded of the need to protect the prosecution witness named as F. W. O in Kisumu HCCR No. E001 of 2024, Police Case File No. CR. 623/333/2023 and I therefore allow the application and I proceed to make the following orders:-1. This application is certified as urgent.2. The prosecution witness known as F. W. O. in Kisumu HCCR E001 of 2024 is hereby declared a protected witness and allowed to testify in camera and the identity of this witness F. W.O. shall be protected.3. The above prosecution witness is hereby allowed to testify with the assistance of an intermediary from the Witness Protection Agency through a special camera concealed video link specially generated for the particular hearing of this witness (virtual link).4. The above orders be served upon the trial Judge and be filed in Kisumu HCCR No. E001 of 2024. 5.This miscellaneous file to be kept under lock and key with access limited only to the trial court and the Applicant.

DATED, SIGNED AND DELIVERED AT KISUMU THIS 8TH DAY OF JULY, 2024. MWANAISHA S. SHARIFFJUDGE