Witness Protection Act

Section 1. Short title Section This Act may be cited as the Witness Protection Act.

Section 2. Interpretation Section a register maintained under any Act in which marriages are registered or recorded; or

Section 3. Application Section 3(1)(a) a witness in criminal proceedings; and Section 3(1)(b) for the purposes of any treaty or agreement to which Kenya is a party; or Section 3(1)(b)(i) for the purposes of any treaty or agreement to which Kenya is a party; or Section 3(1)(b)(ii) in circumstances prescribed by Regulations made under this Act. Section 3(2)(a) by virtue of being related to a witness; Section 3(2)(b) on account of a testimony given by a witness; or Section 3(2)(c) for any other reason which the Director may consider sufficient.

Section 3A. Establishment of the Agency Section 3A(1) There is established an Agency to be known as the Witness Protection Agency. Section 3A(2)(a) suing and being sued; Section 3A(2)(b) holding and alienating movable and immovable property; Section 3A(2)(c) borrowing and lending money; and Section 3A(2)(d) doing or performing all such other acts or things as may be lawfully done by a body corporate.

Section 3B. Object and purpose of the Agency Section 3B(1) The object and purpose of the Agency is to provide the framework and procedures for giving special protection, on behalf of the State, to persons in possession of important information and who are facing potential risk or intimidation due to their co-operation with prosecution and other law enforcement agencies. Section 3B(2) The nature of the special protection referred to in subsection (1) shall entail the power of the Agency to acquire, store, maintain and control firearms and ammunition and electronic or other necessary equipment, despite the provisions of any other law. [Act No. 2 of 2010 , s. 5.]

Section 3C. Functions of the Agency Section establish and maintain a witness protection programme;

Section 3D. Powers of the Agency Section 3D(1)(a) control and supervise its staff in a manner and for such purposes as may be necessary for the promotion of the purpose and the object for which the Agency is established; Section 3D(1)(b) administer the funds and assets of the Agency; Section 3D(1)(c) receive any grants, gifts, donations or endowments and make legitimate disbursement therefrom; Section 3D(1)(d) enter into association with such other persons, bodies, or organizations within or outside Kenya as it may consider desirable or appropriate in furtherance of its object and purpose; Section 3D(1)(e) enter into confidential agreements with relevant foreign authorities, international criminal courts or tribunals and other regional or international entities relating to the relocation of protected persons and other witness protection measures; Section 3D(1)(f) open bank accounts for the funds of the Agency; Section 3D(1)(g) collect, analyze, store and disseminate information related to witness protection; Section 3D(1)(h) give such instructions to a protected person as the Agency may consider necessary; Section 3D(1)(i) search the protected person and their property and seize it...

Section 3E. Director of the Agency Section 3E(1) There shall be a Director of the Agency who shall be appointed by the Advisory Board on such terms and conditions as the Board may, in consultation with the Commission, approve. Section 3E(2) The Director shall have all the powers necessary or expedient for the performance of his functions under this Act. Section 3E(3)(a) is a citizen of Kenya; Section 3E(3)(b) is of high moral character and proven integrity; and Section 3E(3)(c) is an advocate of the High Court of Kenya, and has since qualification, practised law in the public or private sector or has been engaged in the teaching of law or research for a period of not less than ten years, and has performed duties of an administrative nature for not less than five years. Section 3E(3)(d) meets the requirements of Chapter Six of the Constitution. Section 3E(4)(a) be the chief executive of the Agency and shall be responsible for carrying out the policy decisions of the Agency, its day to day administration and management and control of other staff of the Agency; Section 3E(4)(b) be an ex officio member of the Board; Section 3E(4)(c) cause to be kept minutes of the meetings of the Board...

Section 3F. Staff of the Agency Section 3F(1) The Agency may, for the proper discharge of its functions, appoint professional and technical staff and other staff upon such terms and conditions as the Attorney-General may, in consultation with the Commission, approve. Section 3F(2) The staff referred to in subsection (1) may include deputy directors, assistant directors, protection officers, security officers and other officers as the Agency may determine. Section 3F(3) A number of public officers may be transferred or seconded to the Agency as the Agency may, in consultation with the Public Service Commission, determine, for specified periods of time and on such terms and conditions as may be agreed upon between the Agency and the Public Service Commission. Section 3F(4) For the purposes of this Act, a public officer who is transferred or seconded to the Agency under subsection (3) shall be regarded as a member of the staff of the Agency and subject only to the control and direction of the Agency. Section 3F(5)(a) that witness protection falls in a strategic sector in the administration of justice process of the country and the nature of the service entailed requires commensurate c...

Section 3G. Independence of the Agency Section 3G(1) The Agency shall have all the powers necessary or expedient for the performance of its functions under this Act without interference from any authority. Section 3G(2) The Agency shall for the purposes of accountability, report to the Attorney-General on the overall fulfilment of its object and purpose and the performance of its functions under this Act. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch.]

Section 3H. Funds of the Agency Section 3H(1) Except as otherwise provided in section 3I , the expenses incurred by the Agency in accordance with this Act shall be charged and issued out of the Consolidated Fund and the appropriation for the expenses shall be included in the Appropriation Bill introduced in the National Assembly to authorize the withdrawal from the Consolidated Fund. Section 3H(2) Without prejudice to subsection (1), there may be made to the Agency grants, gifts, donations or bequests towards the achievement of the objects of the Agency. Section 3H(3) The Agency shall not accept any grant, gift, donation or bequest made on any condition that the Agency performs any function or discharges any duty or obligation other than duties under this Act. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 7.]

Section 3I. Victims Compensation Fund Section 3I(1) There is established a fund to be known as the Victims Compensation Fund (hereinafter referred to as "the Fund") which shall vest in and be operated by the Agency. Section 3I(2)(a) such moneys as may be provided pursuant to section 3H for the purposes of the Fund; Section 3I(2)(b) such moneys as may be realized from any property forfeited to the Government in connection with a crime referred to in subsection (4); Section 3I(2)(c) grants, gifts, donations or bequests made to the Fund by any person and received by the Agency with the approval of the Attorney-General, where such receipt does not occasion a conflict of interest in the performance of the Agency’s functions under this Act; Section 3I(2)(d) moneys earned or arising from any investment of the Fund; Section 3I(2)(e) all other moneys which may in any manner become payable to, or vested in, the Fund. Section 3I(3) Where under subsection (2)(b), any immovable property is assigned to the Fund, the Agency shall deal with the property in such manner as it thinks fit and may sell the property and use the proceeds of sale for the purposes for which the Fund is established. Section...

Section 3J. Estimates of Expenditure Section 3J(1) The financial year of the Agency shall be the period of twelve months ending on the thirtieth day of June in each year. Section 3J(2) The Agency shall in accordance with the law relating to the public finance management prepare annual estimates of the expenditure of the Agency and the Board for that financial year. Section 3J(3) The annual estimates shall make provision for all estimated expenditure of the Agency and the Board for the financial year to which they relate, including a reserve fund to provide for contingency in the event of an unforeseen increase in expenditure and other emergencies not contemplated at the time of making the estimates. Section 3J(4) Deleted by ActNo. 20 of 2020, Sch. Section 3J(5) Expenditure shall not be incurred by the Agency except in accordance with the annual estimates provided under subsection (2) or in pursuance of an authorization of the advisory Board given with prior written approval of the Cabinet Secretary responsible for finance. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 8, Act No. 18 of 2018 , Sch, Act No. 20 of 2020 , Sch.]

Section 3K. Accounts and audit Section 3K(1) The Agency shall keep books, and other proper records of accounts of the expenditure, assets and liabilities of the Agency, which shall be classified in accordance with the information security policy of the Agency and shall be preserved or disposed of in accordance with that policy. Section 3K(2) The annual accounts of the Agency shall be prepared, audited and reported upon in accordance with the Public Audit Act (Cap. 412B), without prejudicing the integrity or security of the Agency’s operations. Section 3K(3) The legislative and regulatory provisions on the auditing of national security organs shall apply mutatis mutandis to the Agency. Section 3K(4) The legislative and regulatory provisions on classified procurement and disposal of assets shall apply mutatis mutandis to the Agency. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch, Act No. 20 of 2020 , Sch.]

Section 3L. Annual reports Section 3L(1) The Agency shall within four months after the end of each financial year, make a report to the Board on the activities and operations of the Agency during the financial year. Section 3L(2) The Board shall submit the annual report to the Attorney-General within fourteen days of receipt of the report. Section 3L(3) The Attorney-General shall within fourteen days after receipt of the report from the Board, submit the report to the President. [Act No. 2 of 2010 , s. 5, Act No. 18 of 2018 , Sch.]

Section 3M. Director etc. to have powers of a police officer Section For the purposes of their functions under the Act, the Director, assistant directors and protection officers shall have the powers, privileges and immunities of a police officer in addition to any other powers they may have under the Act. [Act No. 2 of 2010 , s. 5.]

Section 3N. Identity certificate and appointment Section 3N(1) The Director shall issue to every member of staff of the Agency on appointment, a certificate of identity and appointment in such form as the Agency may prescribe, which shall be evidence of the appointment for the purposes of this Act. Section 3N(2) A person appointed as a member of staff of the Agency and issued with an appointment certificate referred to under subsection (1) shall have authority to carry concealed official firearms and ammunition. [Act No. 2 of 2010 , s. 5.]

Section 3O. Dissolution of Witness Protection Unit, savings Section 3O(1) Upon the commencement of this Part, the Witness Protection Unit existing immediately before the commencement, shall stand dissolved. Section 3O(2)(a) a person who, immediately before the commencement of this Part, was the Head of the Witness Protection Unit is, for the purposes of this Part, the Director of the Agency until a Director is appointed under this Act; Section 3O(2)(b) a valid contract entered into on behalf of the Witness Protection Unit before the commencement of this Part, shall continue to be in force to the extent that the terms and conditions thereof are not inconsistent with the provisions of the Act; Section 3O(2)(c) movable and immovable property and the rights and liabilities previously attaching to the Witness Protection Unit and property held by any person on behalf of the Witness Protection Unit before the commencement of this Part shall, upon such commencement, vest in the Agency.

Section 3P. Establishment and membership Section 3P(1) There is established a board to be known as the Witness Protection Advisory Board. Section 3P(2)(a) the Solicitor-General as chairperson; Section 3P(2)(b) the Principal Secretary responsible for matters relating to foreign affairs; Section 3P(2)(c) the Principal Secretary responsible for matters relating to finance; Section 3P(2)(d) the Chief Registrar of the Judiciary; Section 3P(2)(e) the Director-General of the National Intelligence Service; Section 3P(2)(f) the Inspector-General of the National Police Service; Section 3P(2)(g) the Commissioner-General of Prisons; Section 3P(2)(h) the Director of Public Prosecutions; and Section 3P(2)(i) the Chairperson of the Kenya National Commission on Human Rights. Section 3P(3) The Director shall be the secretary of the Board. Section 3P(4) A member of the Board may in writing designate an officer not below the level of Director or equivalent to represent him on the Board. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 9, Act No. 18 of 2018 , Sch.]

Section 3Q. Functions and Powers Section 3Q(1)(a) advise on the formulation of witness protection policies in accordance with the current law and international best practices; Section 3Q(1)(b) have general oversight on the administration of the Agency; Section 3Q(1)(c) approve the budgetary estimates of the Agency; and Section 3Q(1)(d) perform any other functions as may be conferred by this Act or any other law. Section 3Q(2) The Board may establish committees consisting of members of the Board to carry out any of its functions. [Act No. 2 of 2010 , s. 5.]

Section 3R. Allowances Section Members of the Board shall be paid such allowances as may be determined from time to time by the Cabinet Secretary responsible for finance in consultation with the Commission. [Act No. 2 of 2010 , s. 5, Act No. 45 of 2016 , s. 10.]

Section 3S. Meetings and procedure of the Board Section 3S(1) The Board shall meet at least four times in every financial year and not more than four months shall elapse between one meeting and the next meeting. Section 3S(2) Unless three quarters of the members otherwise agree, at least fourteen days’ notice of a meeting shall be given to every member. Section 3S(3) The quorum at the meeting of the Board is five members of the Board or a greater number determined by the Board in respect of an important matter. Section 3S(4) The Chairperson shall convene and preside at meetings of the Board or in the absence of the Chairperson, by the Vice-chairperson or in both their absence, by a member of the Board elected by the members present from among their number. Section 3S(5) Matters before the Board shall be decided by a majority of the members present and voting and in the event of equality of votes, the person presiding shall have a casting vote. Section 3S(6) The proceedings of the Board shall not be invalidated by reason of a vacancy among the members. [Act No. 2 of 2010 , s. 5.]

Section 3T. Disclosure of interest, etc. Section 3T(1) A member of the Board or a person present at a meeting of the Agency who has interest in a matter for consideration by the Board or by the Agency shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board or the Agency in respect of that matter unless the Board or the Agency decides otherwise. Section 3T(2) A member of the Board, the Director of the Agency or a member of staff of the Agency shall not transact any business or trade with the Agency. Section 3T(3) A member or a person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding five hundred thousand shillings or to imprisonment to a term not exceeding three years or both. [Act No. 2 of 2010 , s. 5.]

Section 3U. Establishment of the Witness Protection Complaints Committee Section 3U(1) There is established a committee to be known as the Witness Protection Complaints Committee. Section 3U(2)(a) a chairperson who shall be a person qualified to be appointed a judge of the High Court; and Section 3U(2)(b) one of whom shall be an advocate of the High Court of five years standing; Section 3U(2)(b)(i) one of whom shall be an advocate of the High Court of five years standing; Section 3U(2)(b)(ii) two members with relevant experience in handling complaints relating to human rights and intelligence respectively; and Section 3U(2)(b)(iii) one member who shall either be a retired senior witness protection officer or a person with experience in witness protection. Section 3U(3) The chairperson and members of the Committee shall be appointed by the Attorney-General and shall serve on part-time basis. Section 3U(4)(a) is a member of the public service or is a member of a governing body of a political party; or Section 3U(4)(b) has not met the requirements of Chapter Six of the Constitution. Section 3U(5) The chairperson and members shall hold office for a non-renewable term of six years. Sect...

Section 3V. Functions of Committee Section 3V(1)(a) appeals from decisions of the Director under this Act; and Section 3V(1)(b) complaints against staff of the Agency. Section 3V(2) A person aggrieved by the decision of the Committee may, within thirty days of that decision, appeal to the High Court. [Act No. 45 of 2016 , s. 13.]

Section 4. Protective action Section 4(1) The Agency shall establish and maintain a witness protection programme and shall take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons. Section 4(2)(a) physical and armed protection; Section 4(2)(b) relocation within or outside Kenya; Section 4(2)(c) change of identity; or Section 4(2)(d) any other measure necessary to ensure the safety of a protected person; Section 4(3)(a) holding in camera or closed sessions; Section 4(3)(b) the use of pseudonyms; Section 4(3)(c) the reduction of identifying information; Section 4(3)(d) the use of video link; or Section 4(3)(e) employing measures to obscure or distort the identity of the witness. Section 4(4) The Agency shall put in place support measures to facilitate the integration of the protected person. [Act No. 2 of 2010 , s. 6, Act No. 45 of 2016 , s. 14.]

Section 5. Inclusion in witness protection programme Section 5(1) The decision to admit into or exclude any person from the programme, shall be the responsibility of the Director. Section 5(2)(a) the Director has decided that the witness be so included; Section 5(2)(b) the person agrees to be included; and Section 5(2)(c) a parent or guardian of the person if the person is under the age of eighteen years; or Section 5(2)(c)(i) a parent or guardian of the person if the person is under the age of eighteen years; or Section 5(2)(c)(ii) a guardian or other person who is usually responsible for the care and control of the person, if the person otherwise lacks legal capacity to sign it. Section 5(3)(a) the witness; or Section 5(3)(b) a law enforcement agency; Section 5(3)(c) a public prosecutor; or Section 5(3)(d) a legal representative or any other intermediary. Section 5(4) An application for the protection of a person below the age of eighteen may, in such circumstances as the Attorney-General may specify in Regulations, be made without the consent of the person’s parent or guardian. Section 5(5) The Agency shall process the request under subsection (3) without undue delay. Section 5(...

Section 6. Assessing witness for inclusion in the programme Section 6(1)(a) the seriousness of the offence to which any relevant evidence or statement relates; Section 6(1)(b) the nature and importance of any relevant evidence or statement; Section 6(1)(c) the nature of the perceived danger to the witness; Section 6(1)(d) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(e) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(f) whether there are viable alternative methods of protecting the witness; Section 6(1)(g) deleted by ActNo. 2 of 2010, s. 8; Section 6(1)(h) the public interest in the prosecution of the case; Section 6(1)(i) the ability of the person to adapt to the programme and its measures; and Section 6(1)(j) such other matters as the Director considers relevant. Section 6(2) The Director shall not include a witness in the programme if the Director does not, in his opinion, have enough information to assess the matters referred to in this section in relation to the witness. [Act No. 2 of 2010 , s. 8, Act No. 45 of 2016 , s. 16.]

Section 7. Memorandum of understanding Section 7(1)(a) set out the basis on which a participant is included in the programme and details of the protection and assistance which are to be provided; and Section 7(1)(b) contain a provision to the effect that protection and assistance under the programme may be terminated if the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme. Section 7(2)(a) any outstanding legal obligations of the participant and how they are to be dealt with; Section 7(2)(b) any legal obligations which the participant may or may not enter into; Section 7(2)(c) the surrender and issue of passports and other identification documents; Section 7(2)(d) the taking, provision and retention of photographs of the participant; Section 7(2)(e) the issue of any documents relating to the new identity of the participant; Section 7(2)(f) the prohibition of the participant from engaging in specified activities; Section 7(2)(g) marriage, family maintenance, taxation, welfare or other social or domestic obligations or relationships; Section 7(2)(h) any other obligations of the participant; Section 7(...

Section 8. Variation of memorandum of understanding Section A memorandum of understanding may be varied with the consent of the participant and the Director. [Act No. 2 of 2010 , s. 10.]

Section 9. Temporary protection pending full assessment Section 9(1) The Director may include in the programme on a temporary basis a witness who, in the Director’s opinion, is in urgent need of protection. Section 9(2) The Director may require an interim memorandum of understanding to be signed by or on behalf of the witness. Section 9(3) Sections 5 and 6 shall not be construed as preventing the exercise or performance of any power or function under this section but, in so far as the requirements of those sections have not been complied with before the witness is included in the programme, they shall be complied with as soon as practicable after the witness’s inclusion. [Act No. 2 of 2010 , s. 11.]

Section 10. Cessation of protection and assistance Section 10(1) Protection and assistance provided under the programme to a participant shall be terminated by the Director if the participant requests in writing that it be terminated. Section 10(2)(a) the participant deliberately breaches a term of the memorandum of understanding or a requirement or undertaking relating to the programme; Section 10(2)(b) anything done or intended to be done by the participant is, in the opinion of the Director, likely to threaten the security or compromise the integrity of the programme; or Section 10(2)(c) the circumstances which gave rise to the need for protection and assistance for the participant have ceased to exist,

Section 11. Suspension of protection and assistance Section Protection and assistance provided under the programme to a participant may be suspended by the Director for a reasonable period determined by the Director if he is satisfied that the participant has done or intends to do something which limits the ability of the Director to provide adequate protection to the participant. [Act No. 2 of 2010 , s. 13.]

Section 12. Notice of involuntary termination or suspension Section If protection and assistance provided under the programme to a participant are terminated or suspended under section 10 or 11 , the Director shall notify any law enforcement agency which is interested in the decision. [Act No. 2 of 2010 , s. 14.]

Section 13. Identifying documents Section to allow a witness to establish a new identity;

Section 14. Application for court order Section 14(1)(a) to make a new entry in a register of births or a register of marriages in respect of a witness; Section 14(1)(b) to make a new entry in a register of deaths in respect of a witness or a relative (by blood or marriage) of a witness; or Section 14(1)(c) to issue in the witness’s new identity a document of a kind previously issued to the witness. Section 14(2) The Agency shall provide such evidence as the High Court may require to satisfy itself as to the matters specified in section 16 . [Act No. 2 of 2010 , s. 16.]

Section 15. Court proceedings under this Part to be closed to public Section All business of the High Court under this Part shall be conducted in camera.

Section 16. Power of High Court to make order Section was a witness to or has knowledge of an offence and is or has been a witness in criminal proceedings relating to the offence; or

Section 17. Effect of witness protection order Section a person authorised to do so by the order may make such entries in a register of births, deaths or marriages as are necessary to give effect to the order;

Section 18. Effect of entries made under this Act Section 18(1) An entry made under this Act in a register of births, deaths or marriages has effect as if it were a valid entry made in accordance with the law governing the register. Section 18(2) An entry made under this Act in a register of births, deaths or marriages can only be cancelled by the Registrar-General or an appropriate registrar if the High Court, after being satisfied that the witness is no longer included in the relevant programme, has made an order on the application of the Agency directing that the entry be cancelled. [Act No. 2 of 2010 , s. 18.]

Section 19. Special provision in case of marriage of participant Section 19(1)(a) the participant has given to the Agency evidence which establishes the identity of the participant and shows that the participant is of marriageable age; Section 19(1)(b) if the participant has been married previously the participant has given to the Agency evidence which establishes that the contemplated marriage is not contrary to law; and Section 19(1)(c) the participant has given to the Agency a statutory declaration to the effect that there is no legal impediment to the marriage and the Agency is not aware of any such impediment. Section 19(2) A person who contravenes this section is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both. [Act No. 2 of 2010 , s. 19.]

Section 20. Restoration of former identity Section 20(1)(a) a participant has been provided with a new identity under the programme; and Section 20(1)(b) protection and assistance afforded to him under the programme have been terminated, Section 20(2) The Agency shall take reasonable steps to notify the former participant of a decision under subsection (1). Section 20(3)(a) takes action under this section to restore the former identity of a person who was a participant; and Section 20(3)(b) notifies the former participant in writing that he is required to return to the Agency all documents provided to the former participant that relate to the new identity provided under the programme, Section 20(4) A person who contravenes subsection (3) is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both. [Act No. 2 of 2010 , s. 20.]

Section 21. Offences in relation to documents Section While an entry made under this Act in a register of births, deaths or marriages continues in force, a person in respect of whom the entry is made who uses or obtains any document issued by a registrar having charge of a register of births, deaths or marriages which is based on the previous entry is guilty of an offence and is liable on conviction to a fine not exceeding fifty thousand shillings or to imprisonment for a term not exceeding six months, or both.

Section 22. Information not to be disclosed Section 22(1)(a) for the purposes of this Act; Section 22(1)(b) for the purposes of investigation by the Director of Public Prosecutions, the National Police Services or other law enforcement agencies; or. Section 22(1)(c) to comply with an order of the High Court, Section 22(2) Notwithstanding subsection (1), the Agency may disclose the former identity of a participant or former participant for the purpose of obtaining documents relating to the new identity of the participant or former participant. [Act No. 2 of 2010 , s. 21, Act No. 45 of 2016 , s. 17.]

Section 23. Non-disclosure of former identity of participant Section 23(1)(a) a participant who has been provided with a new identity under the programme would, apart from this section, be required by or under a law of Kenya to disclose his former identity for a particular purpose; and Section 23(1)(b) the Director has given the participant permission, in the form prescribed by regulations made under this Act, not to disclose his former identity for that purpose, Section 23(2) If a participant has been given permission under subsection (1) not to disclose his former identity for a particular purpose, it is lawful for the participant, in any proceedings or for any purpose, under or in relation to the relevant law of Kenya to claim that his new identity is his only identity. Section 23(3) It shall be the duty of each person who is or has been associated with the administration of the programme, and who has obtained access to information or a document relevant to the programme, not to disclose that information or publish that document except as authorised by the Director. Section 23(4)(a) was provided with a new identity under the programme; and Section 23(4)(b) is no longer a partici...

Section 24. Identity of participant not to be disclosed in legal proceedings Section 24(1)(a) hold that part of the proceedings which relates to the identity of the participant in private; and Section 24(1)(b) make such order relating to the suppression of publication of evidence given before the court, tribunal or commission as, in its opinion, will ensure that the identity of the participant is not disclosed. Section 24(2) If in any proceedings in a court, tribunal or commission of inquiry, a participant or former participant who has been provided with a new identity under the programme is giving evidence, the court, tribunal or commission may hold that part of the proceedings in camera . Section 24(3)(a) that no question shall be asked in the proceedings which might lead to the disclosure of a protected identity of a participant or former participant or of his place of abode; Section 24(3)(b) that no witness in the proceedings, including a participant or former participant, can be required to answer a question, give any evidence, or provide any information, which may lead to the disclosure of a protected identity of the participant or former participant or of his place of abode;...

Section 25. Documentation restrictions Section has a qualification which he does not have; or

Section 26. Special commercial arrangements by Attorney-General Section The Agency may make commercial arrangements with a person under which a participant is able to obtain a benefit under a contract or arrangement without revealing his former identity. [Act No. 2 of 2010 , s. 24.]

Section 27. Dealing with rights and obligations of participant Section 27(1)(a) those rights or obligations are dealt with according to law; or Section 27(1)(b) the person complies with those restrictions. Section 27(2)(a) providing protection for the participant while the participant is attending court; or Section 27(2)(b) notifying a party or possible party to legal proceedings that the Agency will, on behalf of the participant, accept process issued by a court, a tribunal or a commission of inquiry and nominating an office for the purpose.

Section 28. Avoidance of obligations by participant Section 28(1)(a) to avoid obligations which were incurred before the new identity was established; or Section 28(1)(b) to avoid complying with restrictions which were imposed on the person before the new identity was established, Section 28(2) The notice shall also state that, unless the participant satisfies the Director that the obligations will be dealt with according to law or the restrictions will be complied with, the Director will take such action as he considers reasonably necessary to ensure that they are dealt with according to law or complied with. Section 28(3) Such action may include informing a person who is seeking to enforce rights against the participant of the details of any property, whether real or personal, owned by the participant under his former identity. [Act No. 2 of 2010 , s. 26.]