The National Assembly Leader of Majority Aden Duale’s Bill if passed into law, intends to introduce exceptional security measures to ensure witnesses are given comprehensive safety, the status of the accused notwithstanding.
Under the Bill, it will be an offence to intimidate, harass, obstruct, threaten, hinder or prevent a witness with intention to subvert the course of justice, with those found culpable attracting a prison sentence of up to five years.
Among the main proposals in the Witness Protection (Amendment) Bill 2016 is the provision for reciprocal protection arrangements between Kenya and foreign countries.
This will give the Director of the Witness Protection Agency (WPA) – in conjunction with the Attorney-General (AG) – the power to have Kenyan witnesses safeguarded under the witness protection regime of foreign countries and vice versa.
Unlike in the current scenario where the protection mostly terminated after conclusion of cases, the Bill recommends that a person admitted into the programme shall be protected for as long as the danger or risk to their safety persists.
The Bill further proposes that the agency be funded out of the Consolidated Fund and receive grants and donations from other lawful sources.
Among the major challenges the agency is facing include lack of capacity since it has only about 73 officials and work on a constrained budget according to Ondieki.
“The budget we have can only allow us to protect 50 witnesses in one year,” she lamented. “Because of lack of resources, we cannot take more witnesses that we can accommodate. Our officers are also not enough, we need to recruit more.”
For example, during 2016-2017 financial year, she says the agency was only allocated Sh379 million against a proposed budget of Sh760 million.
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