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Kenya Cabinet set on witness protection

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The Cabinet meets on Thursday morning to debate and approve a Bill that seeks to establish the Witness Protection Agency

The Cabinet meets on Thursday morning to debate and approve a Bill that seeks to establish the Witness Protection Agency. Photo/FILE 

By BERNARD NAMUNANE
Posted  Wednesday, February 3  2010 at  22:30

A powerful agency with the authority to arrest and detain suspects could be set up to protect witnesses in post-election violence trials.

The Cabinet meets on Thursday morning to debate and approve a Bill that seeks to establish the Witness Protection Agency, whose wide-ranging powers will assure the security of potential witness against the masterminds of the violence and other related cases, among them corruption.

The decision to push through the Witness Protection (Amendment) Bill of 2009 is the government’s response to international and local demands for a water-tight law that makes it possible for witnesses to give information without fear of reprisals.

ICC Prosecutor Luis Moreno-Ocampo has written to both the government and the Pre-Trial Chamber, expressing his concern about the threats. Sources on Wednesday said the government was determined to rush through the law by publishing it on Friday in readiness for debate when Parliament reopens on February 23.

The Bill, still in draft form, proposes radical changes to the current Witness Protection Act passed in 2006. It seeks to dissolve the Witness Protection Unit and replace it with the independent Witness Protection Agency.

Chaired by a director who will be a qualified lawyer, the agency will run a witness programme which will include securing witnesses, concealing their identity, sometimes giving them new identities and relocating them if the need arises.

The Agency, which is to have special exemption from other laws, will have the powers to buy, stock, and use firearms and spy gadgets that will be required in their covert operations. The director and staff will enjoy the powers and privileges of police officers.

Agency officers will have the powers to summon public officers and individuals to produce documents linked to their work.

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The proposed new law grants the Agency financial autonomy, stating that its money will be drawn directly from the Consolidated Fund. It will also have the powers to receive grants and donations.


Add a comment (5 comments so far)

  1. Submitted by muzikland

    i smell lobby groups from western nations involved here,Why a corrupt country like Kenya should we very high witness protection like this, will never work.Where in Kenya can you relocate anyone and give protection,food and jobs.who are we kidding this is another bull and corrupt idea

    Posted  February 04, 2010 01:20 PM  
  2. Submitted by wanja2003

    The laws that are in place today are rarely followed..even tipping the police is sometimes an invite to disaster. Now you want to tell me that this group will be above the "who's who" in kenya and that they will disseminate their duties autonomously...YAH RIGHT!!!

    Posted  February 04, 2010 11:49 AM  
  3. Submitted by rgachau

    I am worried that its another agency being formed to eat more into our taxes. kacc investigation where do they end up? the same politician caused the violence, they will ensure they fix a director who is politically correct. cabinet is itself the one being investigated. thats y the support 4a new constitution where cabinet is not of politicians

    Posted  February 04, 2010 11:24 AM  
  4. Submitted by Nangayapaa

    It's already corrupted before it's even been formed. "Power to recieve grants and donations"? from whom and what favors will these granters and donors want/expect in return? We already have corrupt police and added the AP to the roster. Another police like agency with police power and the added power of raising funds? The witnesses will be paying not to be exposed.

    Posted  February 04, 2010 01:28 AM  
  5. Submitted by kariste72

    I am nervous about the extent of the powers suggested for the agency. Sounds like one which might turn into a monster and might be used by powerful individuals in government to intimidate rather than protect witnesses. It worries me deeply. Remember the special branch in the 80s; the powers, the corruption, nyayo house?!

    Posted  February 03, 2010 11:02 PM  
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