Viona Akinyi Onyango v Republic [2019] KEHC 6150 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT SIAYA

MISC. CRIMINAL APPLICATION NO. 14 OF 2019

(CORAM: R. E. ABURILI - J.)

IN THE MATTER OF THE WITNESS PROTECTION ACT

IN THE MATTER OF THE WITNESS PROTECTION RULES, 2015

AND

IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION

VIONA AKINYI ONYANGO..........APPLICANT

VERSUS

REPUBLIC...................................RESPONDENT

RULING

1. I have considered the application dated 24/6/2019 under Certificate of Urgency of Julie Wahonya. I am satisfied that the matter is of utmost urgency. I certify it urgent.

2. On Prayers 2, 3 and 4 of the Chamber summons dated 24/6/2019 brought under Article 50 of the Constitution, Section 4(3)(a)(b)(c) and Section 16 of the Witness Protection Act, I am satisfied on the material placed before the court that the subject witness is deserving to be placed under legal protection.  I am equally satisfied that the witness should be allowed to testify in camera in a Witness Protection Box and that the Siaya PM Cr. Case file in respect of the matter subject of this application should be kept under key and lock by the Executive Officer of the Court.

3. Accordingly, I hereby grant Prayers Nos 1, 2, 3 and 4 of the Chamber Summons dated 24/6/2019 as prayed. The subject witness is hereby placed under protection of the Witness Protection Agency and she shall testify from a witness Protection Box. She shall also testify in camera. The subject case file shall be kept under key and lock by the court’s executive Officer.

Orders accordingly.

This file is closed.

Dated, signed and delivered at Siaya this 1st Day of July 2019.

R.E. ABURILI

JUDGE