In the Matter of the Witness Protection Act [2021] KEHC 7285 (KLR)

REPULIC OF KENYA

IN THE HIGH COURT OF KENYA

AT SIAYA

CRIMINAL MISC APPLICATION CASE E026 OF 2021

IN THE MATTER OF ARTICLE 50 OF THE CONSTITUTION

IN THE MATTER OF THE WITNESS PROTECTION ACT

IN THE MATTER OF THE WITNESS PROTECTIOIN RULES, 2015

AND

IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION

RULING

1. I have considered the application dated 20. 1.2021 by the Witness Protection Act filed Under Certificate of Urgency.  I certify it as Urgent.

2. On the merits thereof, I have considered the grounds, the supporting affidavit and the annextures thereof. I observe that this is an exparte application for protection of witnesses who are under threat.  Accordingly, I grant the prayers sought in the application brought by way of Chamber Summons dated 20. 1.2021 in terms of prayer: 2, 3, 4 and 5.

3. I therefore make the following orders:

a. That the protected witnesses in Bondo Law Courts Criminal Case No. 6B1/107/A/2020, Court File No. EO78/2020 shall testify in camera or closed session;

b. That the said protected witnesses to use pseudonyms during the hearing of their evidence in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. EO78/2020;

c. That the protected witnesses to use the witness box during the taking of their evidence in Bondo Law Courts Criminal Case No. 6B1/107A/2020, Court File No. E078/2020;

d. File is closed.

e. Orders accordingly.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 25TH JANUARY, 2021

R. E. ABURILI

JUDGE