In re Application for Orders for Witness Protection (Criminal Miscellaneous Application 13 of 2020) [2020] KEHC 5287 (KLR) (8 May 2020) (Ruling) In the Matter of Application for Orders for Witness Protection [2020] eKLR Neutral citation: [2020] KEHC 5287 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT KITUI CRIMINAL MISCELLANEOUS APPLICATION 13 OF 2020 LN MUTENDE, J MAY 8, 2020 IN THE MATTER OF REPUBLIC ................................................................................................. APPLICANT Extension of parental responsibility of minors under witness protection The applicant sought ex parte orders for extension of parental responsibility of a 19 year old jointly to the Director, Witness Protection Agency and to the in-charge of [particulars withheld] where she would be placed for protection. The court noted that the 19 years old siblings were minors and were stated to be crucial witnesses for the State in a case of murder, which was a serious offence hence the perceived danger that the subjects may be exposed to could not be disregarded. The court then proceeded to extend parental responsibility to APWP 1558 jointly with the Director Witness Protection Agency and the Incharge. Reported by Kakai Toili Criminal Law – witness protection – extension of parental responsibility in witness protection cases - whether parental responsibility could be extended jointly to the Director Witness Protection Agency and a 19-year-old where the 19-year-old and her minor siblings were crucial witnesses in a murder case. Brief facts By way of chamber summons application, the applicant sought for among other ex parte orders; that the court grant orders extending parental responsibility of the 19 year old, APWP 1558, jointly to the Director, Witness Protection Agency and to the in-charge of [particulars withheld] where she would be placed for protection; that the court grant care or committal orders for APWP 1558, 1559 and 1560 to [particulars withheld]; and that the miscellaneous application file germane to the application be kept under lock and key. The application was premised on grounds that: the applicant had under its protection vulnerable witnesses in criminal cases at the High Court and that the alleged victim in the cases of murder was the one in custody of the witnesses having separated from their father. The applicant claimed that the evidence to be adduced by the witnesses in support of the case put them in danger, therefore, there was need to have them placed under protection at a caregiving home. https://new.kenyalaw.org/akn/ke/judgment/kehc/2020/5287/eng@2020-05-08 1
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Issues Whether parental responsibility could be extended jointly to the Director Witness Protection Agency and a 19-year-old where the 19-year-old and her minor siblings were crucial witnesses in a murder case. Held 1. APWP 1558 was stated to be aged 19 years old while her siblings were minors. On her own behalf and that of her siblings, they had agreed to be included in the witness protection programme. The subjects were stated to be crucial witnesses for the State in a case of murder, which was a serious ofience hence the perceived danger that the subjects may be exposed to could not be disregarded. Application allowed. Orders i. Parental responsibility was extended to APWP 1558 jointly with the Director Witness Protection Agency and the Incharge, [particulars withheld] for the purposes of the instant matter. ii. APWP 1558; APWP 1559 and APWP 1560 were committed to [particulars withheld]. iii. The miscellaneous application file germane to the application to be kept under key and lock. Citations Cases None referred to Statutes None referred to Advocates None mentioned RULING 1. By way of chamber summons dated April 23, 2020, the applicant seeks orders ex parte as follows: i) That this honourable court be pleased to grant orders extending parental responsibility of the 19 year old, APWP 1558, jointly to the Director, Witness Protection Agency and to the incharge of [particulars withheld] where she will be placed for protection. ii) That this honourable court be pleased to grant care or committal orders for APWP 1558, 1559 and 1560 to [particulars withheld]. iii) That the miscellaneous application file germane to this application be kept under lock and key. iv) That this honourable court be pleased to grant any such orders it deems fit in the circumstances. 2. The application is premised on grounds that: The applicant has under it’s protection vulnerable witnesses in Criminal Cases No 3/2020, 4/2020 and 6/2020 in the High Court, Kitui; alleged victim in the stated cases of murder was the one in custody of the witnesses having separated from their father; evidence to be adduced by the witnesses in support of the case puts them in danger, therefore, there is need to have them placed under protection at a caregiving home. 3. The application is supported by an affidavit sworn by [particulars withheld] where she deposes that the risk assessment has been conducted and witnesses herein admitted into the witness protection programme; the subjects concerned who are a young adult aged, nineteen (19) years and her siblings (minors) are in danger as a result of the nature of evidence they will adduce at trial; APWP 1558 aged 19 https://new.kenyalaw.org/akn/ke/judgment/kehc/2020/5287/eng@2020-05-08 2
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years is in agreement with the Agency’s arrangement of the Director extending parental responsibility beyond the age of 18 years. 4. That, along with the mandate of the Agency, they have secured [particulars withheld] and it will be in the best interest of the children for orders sought to be granted. 5. Having considered the application, I do note that “APWP 1558” is stated to be aged nineteen (19) years old while her siblings are minors. On her own behalf and that of her siblings (APWP 1559 and APWP 1560), they have agreed to be included in the witness protection programme. The subjects are stated to be crucial witnesses for the state in a case of murder, which is a serious ofience hence the perceived danger that the subjects may be exposed to cannot be disregarded. 6. In the result, I proceed to make the following orders: 7. i) Parental responsibility be and is hereby extended to APWP 1558 jointly with the Director; Witness Protection Agency and the Incharge, [particulars withheld] for the purposes of this matter; ii) “APWP 1558”; “APWP 1559” and “APWP 1560” be and are hereby committed to [particulars withheld]. iii) The miscellaneous application file germane to this application be kept under key and lock. It is so ordered. Dated, Signed and Delivered via Email this 8th day of May, 2020. L. N. MUTENDE JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2020/5287/eng@2020-05-08 3
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