High Court 222 of 2023

In re Witness Protection Act (Miscellaneous Criminal Application E004 of 2023) [2023] KEHC 222 (KLR) (24 January 2023) (Ruling) Neutral citation: [2023] KEHC 222 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT SIAYA MISCELLANEOUS CRIMINAL APPLICATION E004 OF 2023 RE ABURILI, J JANUARY 24, 2023 IN THE MATTER OF ARTICLE 50 OF THE CONSTITUTION AND IN THE MATTER OF WITNESS PROTECTION ACT AND IN THE MATTER OF WITNESS PROTECTION RULES, 2015 AND IN THE MATTER OF APPLICATION FOR ORDERS FOR WITNESS PROTECTION IN THE MATTER OF REPUBLIC ................................................................................................. APPLICANT RULING 1. I have considered the application dated January 20, 2023 for witness protection as filed by the firm of Felix O Oketch Advocates. 2. I find the application incompetent and premature and contrary to the law for reasons that the person or persons named as witnesses seeking for protection have not approached the Witness Protection Agency (WPA) for assessment and a memorandum of understanding reached with witness protection agency in accordance with section 7 of the Witness Protection Act cap 79 Laws of Kenya. 3. Under section 5 of the act, the decision to admit into or exclude any person from the witness protection programme is the responsibility of the director of witness protection agency and it has not been shown that the applicants have approached the witness protection agency for inclusion in the programme and the process complied with. 4. I decline the application and direct the applicant to approach the witness protection agency for coordination upon which he/they will be assessed and the witness protection agency will make an https://new.kenyalaw.org/akn/ke/judgment/kehc/2023/222/eng@2023-01-24 1

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