LAWS OF KENYA

WITNESS PROTECTION ACT

NO. 16 OF 2006

Revised Edition 2020 [2006]

Published by the National Council for Law Reporting
with the Authority of the Attorney-General
www.kenyalaw.org
[Rev. 2020] No. 16 of 2006
Witness Protection

NO. 16 OF 2006

WITNESS PROTECTION ACT

ARRANGEMENT OF SECTIONS
PART I – PRELIMINARY
Section
1. Short title.
2. Interpretation.
3. Application.
PART IA – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE
WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL
A. The Witness Protection Agency
3A. Establishment of the Agency.
3B. Object and purpose of the Agency.
3C. Functions of the Agency.
3D. Powers of the Agency.
3E. Director of the Agency.
3F. Staff of the Agency.
3G. Independence of the Agency.
3H. Funds of the Agency.
3I. Victims Compensation Fund.
3J. Estimates of Expenditure.
3K. Accounts and audit.
3L. Annual reports.
3M. Director etc. to have powers of a police officer.
3N. Identity certificate and appointment.
3O. Dissolution of Witness Protection Unit, savings.
B. The Witness Protection Advisory Board
3P. Establishment and membership.
3Q. Functions and Powers.
3R. Allowances.
3S. Meetings and procedure of the Board.
3T. Disclosure of interest, etc.
C. The Witness Protection Complaints Committee
3U. Establishment of the Witness Protection Complaints Committee.
3V. Functions of Committee.
PART II – THE WITNESS PROTECTION PROGRAMME
4. Protective action.
5. Inclusion in witness protection programme.
6. Assessing witness for inclusion in the programme.
7. Memorandum of understanding.
8. Variation of memorandum of understanding.
9. Temporary protection pending full assessment.

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10. Cessation of protection and assistance.

11. Suspension of protection and assistance.
12. Notice of involuntary termination or suspension.
PART III – PROTECTING WITNESSES FROM IDENTIFICATION
13. Identifying documents.
14. Application for court order.
15. Court proceedings under this Part to be closed to public.
16. Power of High Court to make order.
17. Effect of witness protection order.
18. Effect of entries made under this Act.
19. Special provision in case of marriage of participant.
20. Restoration of former identity.
21. Offences in relation to documents.
22. Information not to be disclosed.
23. Non-disclosure of former identity of participant.
24. Identity of participant not to be disclosed in legal proceedings.
25. Documentation restrictions.
26. Special commercial arrangements by Attorney-General.
27. Dealing with rights and obligations of participant.
28. Avoidance of obligations by participant.
29. Payments under witness protection programme.
PART IIIA – RECIPROCAL PROTECTION
ARRANGEMENTS WITH FOREIGN COUNTRIES
29A. Admission of witnesses from foreign countries on reciprocal basis.
29B. Application for admission of a foreign witness.
29C. Admission of witnesses at request of international court, or tribunal, to which Kenya
is a party.
PART IV – MISCELLANEOUS
30. Disclosures concerning participants.
30A. Prohibition of false representation.
30B. Offences in connection with staff of the Agency.
30C. Obstruction of the staff of the Agency.
30D. Prohibition of access to premises of the Agency.
30E. Prohibition on disclosure without consent.
30F. Prohibition against intimidation, harassment etc.
31. Disclosure by participants and others.
32. Non-compellability of witnesses.
33. Protection of witnesses.
34. Immunity from legal proceedings.
35. Repealed.
36. Regulations and rules.

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NO. 16 OF 2006
WITNESS PROTECTION ACT
[Date of assent: 30th December, 2006.]
[Date of commencement: 1st September, 2008.]
An Act of Parliament to provide for the protection of witnesses in criminal
cases and other proceedings to establish a Witness Protection Agency
and provide for its powers, functions, management and administration,
and for connected purposes
[Act No. 16 of 2006, L.N. 110/2008, Act No. 2 of 2010, Act
No. 45 of 2016, Act No. 18 of 2018, Act No. 20 of 2020.]

PART I – PRELIMINARY
1. Short title
This Act may be cited as the Witness Protection Act.
2. Interpretation
In this Act, unless the context otherwise requires—
“Agency” means the Witness Protection Agency established by section 3A;
“Board” means the Witness Protection Advisory Board established by
section 3P;
“Commission” means the Salaries and Remuneration Commission
established under Article 230 of the Constitution;
“Committee” means the Witness Protection Complaints Committee
established under section 3U of this Act;
“Director” means the Director of the Agency appointed under section 3E;
“law enforcement agency” means a government agency responsible for
the enforcement of the law;
“Minister” deleted by Act No. 18 of 2018, Sch.;
“participant” means a witness who is included in the programme;
“programme” means the witness protection programme established and
maintained under section 4;
“protected person” means a person who has been placed under protection
in accordance with the provisions of sections 3(2), 5 and 9;
"protection officer" includes an officer of the agency charged with the
responsibility of protecting a witness;
“public interest” means matter affecting the welfare of the state or the
rights, health, or finances of the general public;
“register of births” means a register of births maintained under the Births
and Deaths Registration Act (Cap. 149);
“register of deaths” means a register of deaths maintained under the Births
and Deaths Registration Act (Cap. 149);
“register of marriages” means—

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(a) a register maintained under any Act in which marriages are

registered or recorded; or
(b) an index, maintained under any Act, of certified copies of any such
registers;
“threat” means the possibility of adverse consequences for a witness as a
result of giving evidence in the proceedings and includes any danger, physical
or psychological, that may result from the involvement of the person in the
proceedings;
“risk” means the likelihood or possibility that a threat may occur;
"security officer" means a person who has been trained on security
matters charged with the responsibility of ensuring physical safety.
“Tribunal” deleted by Act No. 45 of 2016, s. 2;
“witness” means a person who has made a statement or has given or
agreed to give evidence in relation to an offence or criminal proceedings in
Kenya or outside Kenya, and requires protection on the basis of an existing
threat or risk.
“witness protection order” means an order of the High Court under Part III.
[Act No. 2 of 2010, s. 3, Act No. 45 of 2016, s. 2, Act No. 18 of 2018, Sch.]

3. Application
(1) This Act shall apply to—
(a) a witness in criminal proceedings; and
(b) a witness who is required to give evidence in a prosecution or inquiry
held before a court, commission, or tribunal outside Kenya—
(i) for the purposes of any treaty or agreement to which Kenya is
a party; or
(ii) in circumstances prescribed by Regulations made under this
Act.
(2) A person is a protected person for purposes of this Act if that person qualifies
for protection—
(a) by virtue of being related to a witness;
(b) on account of a testimony given by a witness; or
(c) for any other reason which the Director may consider sufficient.
[Act No. 2 of 2010, s. 4, Act No. 45 of 2016, s. 3.]

PART IA – ESTABLISHMENT, POWERS AND FUNCTIONS OF THE

WITNESS PROTECTION AGENCY, ADVISORY BOARD AND TRIBUNAL
A. The Witness Protection Agency
3A. Establishment of the Agency
(1) There is established an Agency to be known as the Witness Protection
Agency.
(2) The Agency shall be a body corporate with perpetual succession and a
common seal, and shall, in its corporate name, be capable of—
(a) suing and being sued;
(b) holding and alienating movable and immovable property;

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(c) borrowing and lending money; and

(d) doing or performing all such other acts or things as may be lawfully
done by a body corporate.
[Act No. 2 of 2010, s. 5.]

3B. Object and purpose of the Agency

(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.
(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.]

3C. Functions of the Agency

(1) The functions of the Agency shall be to—
(a) establish and maintain a witness protection programme;
(b) determine the criteria for admission to and removal from the witness
protection programme;
(c) determine the type of protection measures to be applied;
(d) advise any Government Ministry, department, agency or any other
person on the adoption of strategies and measures on witness
protection; and
(e) perform such other functions as may be necessary for the better
carrying out of the purpose of this Act.
[Act No. 2 of 2010, s. 5.]

3D. Powers of the Agency

(1) The Agency shall have power to—
(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;
(b) administer the funds and assets of the Agency;
(c) receive any grants, gifts, donations or endowments and make
legitimate disbursement therefrom;
(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;
(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;
(f) open bank accounts for the funds of the Agency;
(g) collect, analyze, store and disseminate information related to witness
protection;

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(h) give such instructions to a protected person as the Agency may

consider necessary;
(i) search the protected person and their property and seize items
regarded by the Agency to be a threat to the protected person or
another person or the integrity of the programme;
(j) summon a public officer or other person to appear before it or to
produce a document or thing or information which may be considered
relevant to the functions of the Agency within a specified period of
time and in such manner as it may specify;
(k) invest the funds of the Agency not currently required for its purposes.
(2) A person who fails to comply with a direction of the Agency issued under
subsection (1)(i), commits an offence and is liable, on conviction, to a fine not
exceeding fifty thousand shillings or to imprisonment for a term not exceeding one
year or both.
(3) A person who disobeys a summons issued by the Agency commits an
offence and shall upon conviction be liable to a fine not exceeding five hundred
thousand shillings or to imprisonment for a term not exceeding three years, or to
both.
[Act No. 2 of 2010, s. 5, Act No. 45 of 2016, s. 4.]

3E. Director of the Agency

(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.
(2) The Director shall have all the powers necessary or expedient for the
performance of his functions under this Act.
(3) A person shall not be appointed as Director under this section, unless that
person—
(a) is a citizen of Kenya;
(b) is of high moral character and proven integrity; and
(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.
(d) meets the requirements of Chapter Six of the Constitution.
(4) The Director shall—
(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;
(b) be an ex-officio member of the Board;
(c) cause to be kept minutes of the meetings of the Board and other
records as the Agency may direct;
(d) ensure that, in conducting its affairs, the Agency is guided by the Laws
of Kenya and international best practices which shall include, but not
be limited to, the development and implementation of information

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security measures, technical and administrative competence, and the

principles of impartiality, confidentiality, objectivity and integrity; and
(e) perform other functions as may be assigned by the Board.
(4A) The Director may, in writing, delegate any power or function conferred to
the office under this Act to a senior officer of the Agency.
(4B) An officer of the Agency to whom a power or function has been delegated
under subsection (4A) shall exercise that power or perform that function subject to
the general directions of the Director.
(4C) The Director may at any time in writing withdraw a delegation under
subsection (4A).
(4D) The delegation of any power or function does not prevent the Director
from exercising or performing that power or function in person.
(5) The Director shall hold office for a period of five years and shall be eligible
for re-appointment for one further term.
(6) The Director may be removed from office for—
(a) inability to perform the functions of the office arising out of physical
or mental infirmity;
(b) misconduct or misbehaviour;
(c) incompetence; or
(d) conviction for a criminal offence attracting a term of imprisonment of
not less than six months without the option of a fine.
(7) A person desiring the removal of the Director shall present a petition to
the Board which shall be in writing, setting out the alleged facts constituting the
grounds for removal of the Director.
(7A) The Board shall consider the petition and, if it is satisfied that it discloses
the existence of a ground under subsection (6), the Board shall dismiss the Director.
(7B) Notwithstanding subsection (7A), the Board shall afford the Director an
appropriate opportunity to defend himself against any allegation made against him
before taking any action under that subsection.
(8) Deleted by Act No. 45 of 2016, s. 5(f).
(9) Deleted by Act No. 45 of 2016, s. 5(g).
(10) Deleted by Act No. 45 of 2016, s. 5(h).
(11) Deleted by Act No. 45 of 2016, s. 5(i).
(12) Deleted by Act No. 18 of 2018, Sch.
[Act No. 2 of 2010, s. 5, Act No. 45 of 2016, s. 5, Act No. 18 of 2018, Sch.]

3F. Staff of the Agency

(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.
(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.
(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,

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for specified periods of time and on such terms and conditions as may be agreed
upon between the Agency and the Public Service Commission.
(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.
(5) In determining the terms and conditions of service for the Director and staff,
the Minister and the Commission shall be guided by the following principles—
(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 compensation; and
(b) that the nature of the operations of the Agency requires probity,
integrity and incorruptibility.
(c) that the remuneration and conditions of service may differ from those
applicable in the public service.
(6) The Agency shall, with the approval of the Cabinet Secretary responsible
for Finance, establish a suitable social security scheme for the Director and staff
of the Agency.
[Act No. 2 of 2010, s. 5, Act No. 45 of 2016, s. 6, Act No. 18 of 2018, Sch.]

3G. Independence of the Agency

(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.
(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.]

3H. Funds of the Agency

(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.
(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.
(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.]

3I. Victims Compensation Fund

(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.
(2) There shall be paid into the Fund—
(a) such moneys as may be provided pursuant to section 3H for the
purposes of the Fund;

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(b) such moneys as may be realized from any property forfeited to the
Government in connection with a crime referred to in subsection (4);
(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;
(d) moneys earned or arising from any investment of the Fund;
(e) all other moneys which may in any manner become payable to, or
vested in, the Fund.
(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.
(4) There shall be paid out of the Fund—
(a) restitution to a victim, or to the family of a victim of a crime committed
by any person during a period when such person is provided
protection under this Act;
(b) compensation for the death of a victim of a crime committed by any
person during a period when such person is provided protection under
this Act, to the family of such victim; and
(c) any moneys required to meet expenses relating to any other matter
incidental to or connected with the matters stated in paragraphs (a)
and (b).
(5) Unless the Treasury directs otherwise, the receipts, earnings or accruals
of the Fund and the balances of the Fund at the close of each financial year shall
not be paid into the Consolidated Fund, but shall be retained for the purposes of
the Fund.
(6) Subject to this section, the Cabinet Secretary may, by regulations, provide
for the management and administration of the Fund and for anything incidental to
or connected therewith.
[Act No. 2 of 2010, s. 5, Act No. 18 of 2018, Sch.]

3J. Estimates of Expenditure

(1) The financial year of the Agency shall be the period of twelve months ending
on the thirtieth day of June in each year.
(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.
(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.
(4) Deleted by Act No. 20 of 2020, Sch.
(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

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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.]

3K. Accounts and audit

(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.
(2) The annual accounts of the Agency shall be prepared, audited and reported
upon in accordance with the Public Audit Act, (No. 34 of 2015), without prejudicing
the integrity or security of the Agency’s operations.
(3) The legislative and regulatory provisions on the auditing of national security
organs shall apply mutatis mutandis to the Agency.
(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.]

3L. Annual reports

(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.
(2) The Board shall submit the annual report to the Attorney-General within
fourteen days of receipt of the report.
(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.]

3M. Director etc. to have powers of a police officer

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.]

3N. Identity certificate and appointment

(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.
(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.]

3O. Dissolution of Witness Protection Unit, savings

(1) Upon the commencement of this Part, the Witness Protection Unit existing
immediately before the commencement, shall stand dissolved.
(2) Notwithstanding the provisions of subsection (1) —

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(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;
(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;
(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.
[Act No. 2 of 2010, s. 5.]

B. The Witness Protection Advisory Board

3P. Establishment and membership
(1) There is established a board to be known as the Witness Protection Advisory
Board.
(2) The Board shall be an unincorporated body consisting of—
(a) the Solicitor General as chairperson;
(b) the Principal Secretary responsible for matters relating to foreign
affairs;
(c) the Principal Secretary responsible for matters relating to finance;
(d) the Chief Registrar of the Judiciary;
(e) the Director-General of the National Intelligence Service;
(f) the Inspector-General of the National Police Service;
(g) the Commissioner-General of Prisons;
(h) the Director of Public Prosecutions; and
(i) the Chairperson of the Kenya National Commission on Human Rights.
(3) The Director shall be the secretary of the Board.
(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.]

3Q. Functions and Powers

(1) The principal function of the Board shall be to advise the Agency generally
on the exercise of its powers and the performance of its functions under the Act
and shall, in particular but without prejudice to the generality of the foregoing—
(a) advise on the formulation of witness protection policies in accordance
with the current law and international best practices;
(b) have general oversight on the administration of the Agency;
(c) approve the budgetary estimates of the Agency; and
(d) perform any other functions as may be conferred by this Act or any
other law.

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(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.]

3R. Allowances
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.]

3S. Meetings and procedure of the Board

(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.
(2) Unless three quarters of the members otherwise agree, at least fourteen
days’ notice of a meeting shall be given to every member.
(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.
(4) The chairman shall convene and preside at meetings of the Board or in
the absence of the chairman, by the vice-chairman or in both their absence, by a
member of the Board elected by the members present from among their number.
(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.
(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.]

3T. Disclosure of interest, etc.

(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.
(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.
(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.]

C. The Witness Protection Complaints Committee

3U. Establishment of the Witness Protection Complaints Committee
(1) There is established a committee to be known as the Witness Protection
Complaints Committee.
(2) The Committee shall consist of—
(a) a chairperson who shall be a person qualified to be appointed a judge
of the High Court; and
(b) four other members—

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(i) one of whom shall be an advocate of the High Court of five

years standing;
(ii) two members with relevant experience in handling complaints
relating to human rights and intelligence respectively; and
(iii) one member who shall either be a retired senior witness
protection officer or a person with experience in witness
protection.
(3) The chairperson and members of the Committee shall be appointed by the
Attorney-General and shall serve on part-time basis.
(4) A person shall not be qualified to be appointed as a chairperson or a member
of the Committee if that person—
(a) is a member of the public service or is a member of a governing body
of a political party; or
(b) has not met the requirements of Chapter Six of the Constitution.
(5) The chairperson and members shall hold office for a non-renewable term
of six years.
(6) The Attorney-General may—
(a) by regulations provide guidelines for the operation of the committee;
and
(b) designate staff to facilitate the operations of the Committee.
[Act No. 2 of 2010, s. 5, Act No. 45 of 2016, s. 12.]

3V. Functions of Committee

(1) The Committee shall receive, consider and determine—
(a) appeals from decisions of the Director under this Act; and
(b) complaints against staff of the Agency.
(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.]

PART II – THE WITNESS PROTECTION PROGRAMME

4. Protective action
(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.
(2) Without prejudice to the generality of subsection (1), the action taken under
subsection (1) may include but not be limited to—
(a) physical and armed protection;
(b) relocation within or outside Kenya;
(c) change of identity; or
(d) any other measure necessary to ensure the safety of a protected
person;
(3) The Agency may request the courts, in support of the programme, to
implement protection measures during court proceedings which measures may
include but not be limited to—
(a) holding in camera or closed sessions;

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(b) the use of pseudonyms;

(c) the reduction of identifying information;
(d) the use of video link; or
(e) employing measures to obscure or distort the identity of the witness.
(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.]

5. Inclusion in witness protection programme

(1) The decision to admit into or exclude any person from the programme, shall
be the responsibility of the Director.
(2) A person may be included in the programme only if—
(a) the Director has decided that the witness be so included;
(b) the person agrees to be included; and
(c) a memorandum of understanding in accordance with section 7 is
signed by the witness or by—
(i) a parent or guardian of the person if the person is under the
age of eighteen years; or
(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.
(3) Where a person has not been offered protection under the programme, a
written request for his inclusion in the programme may be made to the Director by—
(a) the witness; or
(b) a law enforcement agency;
(c) a public prosecutor; or
(d) a legal representative or any other intermediary.
(4) An application for the protection of a person below the age of eighteen may,
in circumstances as the Attorney-General may specify in Regulations, be made
without the consent of the person’s parent or guardian.
(5) The Agency shall process the request under subsection (3) without undue
delay.
(6) Where—
(a) a parent or guardian of a witness signs a memorandum of
understanding because the witness was under the age of eighteen;
and
(b) the memorandum is still operating after the witness turns eighteen,
the Agency may require the witness to sign the memorandum.
(7) The inclusion of a witness or protected person in the programme shall not
be treated as a reward or a means of persuading or encouraging the witness to
give evidence or to make a statement.
(8) A person admitted into the programme shall be protected for as long as the
danger or risk to their safety persists.
[Act No. 2 of 2010, s. 7, Act No. 45 of 2016, s. 15, Act No. 18 of 2018, Sch.]

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6. Assessing witness for inclusion in the programme

(1) In deciding whether to include a witness in the programme, the Director
shall have regard to—
(a) the seriousness of the offence to which any relevant evidence or
statement relates;
(b) the nature and importance of any relevant evidence or statement;
(c) the nature of the perceived danger to the witness;
(d) deleted by Act No. 2 of 2010, s. 8;
(e) deleted by Act No. 2 of 2010, s. 8;
(f) whether there are viable alternative methods of protecting the witness;
(g) deleted by Act No. 2 of 2010, s. 8;
(h) the public interest in the prosecution of the case;
(i) ability of the person to adapt to the programme and its measures.
and may have regard to such other matters as the Director considers relevant.
(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.]

7. Memorandum of understanding
(1) A memorandum of understanding shall—
(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
(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.
(2) A memorandum of understanding in relation to a participant may also
contain provisions relating to any one or more of the following—
(a) any outstanding legal obligations of the participant and how they are
to be dealt with;
(b) any legal obligations which the participant may or may not enter into;
(c) the surrender and issue of passports and other identification
documents;
(d) the taking, provision and retention of photographs of the participant;
(e) the issue of any documents relating to the new identity of the
participant;
(f) the prohibition of the participant from engaging in specified activities;
(g) marriage, family maintenance, taxation, welfare or other social or
domestic obligations or relationships;
(h) any other obligations of the participant;
(i) consequences of the participant’s failing to comply with the provisions
of the memorandum of understanding; and

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(j) any other matter for which it may be necessary or expedient to make
provision in the circumstances of the case.
(3) A memorandum of understanding shall contain a statement advising the
participant of his right to complain to the Director about the conduct of any member
of staff in relation to the matters dealt with in the memorandum.
(4) A memorandum of understanding shall be signed by or on behalf of the
witness in the presence of the Director or a member of staff designated by the
Director for the purposes of this section.
(5) A witness becomes included in the programme when the Director or a
member of staff designated by him signs the memorandum of understanding.
(6) The Director shall, as soon as practicable after a memorandum of
understanding is duly signed, notify the relevant participant that it has been signed.
[Act No. 2 of 2010, s. 9.]

8. Variation of memorandum of understanding

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

9. Temporary protection pending full assessment

(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.
(2) The Director may require an interim memorandum of understanding to be
signed by or on behalf of the witness.
(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.]

10. Cessation of protection and assistance

(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.
(2) Protection and assistance provided under the programme may be
terminated by the Director if—
(a) the participant deliberately breaches a term of the memorandum
of understanding or a requirement or undertaking relating to the
programme;
(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
(c) the circumstances which gave rise to the need for protection and
assistance for the participant have ceased to exist,
and the Director is of the opinion that, in the circumstances of the case, the
protection and assistance should be terminated.
[Act No. 2 of 2010, s. 12.]

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11. Suspension of protection and assistance

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.]

12. Notice of involuntary termination or suspension

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.]

PART III – PROTECTING WITNESSES FROM IDENTIFICATION

13. Identifying documents
Without limiting the powers of the Director under section 4, he may apply for
any documents necessary—
(a) to allow a witness to establish a new identity;
(b) otherwise to protect the witness; or
(c) to restore a former participant’s former identity.
[Act No. 2 of 2010, s. 15.]

14. Application for court order

(1) The Agency may, in a manner to be prescribed by rules of court, apply to the
High Court for an order authorising a specified person, or a person of a specified
class or description—
(a) to make a new entry in a register of births or a register of marriages
in respect of a witness;
(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
(c) to issue in the witness’s new identity a document of a kind previously
issued to the witness.
(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.]

15. Court proceedings under this Part to be closed to public

All business of the High Court under this Part shall be conducted in camera.
16. Power of High Court to make order
The High Court may make a witness protection order if it is satisfied that—
(a) the person named in the application as a witness—
(i) 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
(ii) is a person who, because of his relationship to or association
with a person to whom subparagraph (i) applies, may require
protection or other assistance under this Act;

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(b) the life or safety of the person may be endangered as a result of his
being a witness;
(c) a memorandum of understanding has been entered into by the
witness in accordance with section 7; and
(d) the person is likely to comply with the memorandum of understanding.
17. Effect of witness protection order
On the making of an order of the kind referred to in section 14(1)(a) or (b)—
(a) 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;
(b) the appropriate registrar having charge of the register of births, deaths
or marriages shall afford the person so authorised full access to the
relevant register and give him such assistance as he may require; and
(c) the Agency shall maintain records showing details of the original birth,
death or marriage of each person in respect of whom an entry is made
under paragraph (a).
[Act No. 2 of 2010, s. 17.]

18. Effect of entries made under this Act

(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.
(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.]

19. Special provision in case of marriage of participant

(1) A participant who has been provided with a new identity under the
programme shall not marry unless—
(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;
(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
(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.
(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.]

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20. Restoration of former identity

(1) Where—
(a) a participant has been provided with a new identity under the
programme; and
(b) protection and assistance afforded to him under the programme have
been terminated,
the Agency may, if he considers it appropriate to do so, take such action as is
necessary to restore the former participant’s former identity.
(2) The Agency shall take reasonable steps to notify the former participant of
a decision under subsection (1).
(3) If the Agency—
(a) takes action under this section to restore the former identity of a
person who was a participant; and
(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,
the former participant shall not, without reasonable excuse, refuse or fail to return
those documents to the Agency within fourteen days after receiving the notice.
(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.]

21. Offences in relation to documents

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.
22. Information not to be disclosed
(1) A person who, either directly or indirectly, makes a record of, or discloses or
communicates to another person, any information relating to the making of an entry
under this Act in a register of births, deaths or marriages, unless it is necessary
to do so—
(a) for the purposes of this Act;
(b) for the purposes of investigation by the Director of Public
Prosecutions, the National Police Services or other law enforcement
agencies; or.
(c) to comply with an order of the High Court,
is guilty of an offence and is liable on conviction to a fine not exceeding five hundred
thousand shillings or imprisonment for a term not exceeding three years, or both.
(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.]

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23. Non-disclosure of former identity of participant

(1) Where—
(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
(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,
the participant is not required to disclose his former identity to any person for that
purpose.
(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.
(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.
(4) In this section, “participant” includes a person who—
(a) was provided with a new identity under the programme; and
(b) is no longer a participant but retains that identity.
[Act No. 2 of 2010, s. 22.]

24. Identity of participant not to be disclosed in legal proceedings

(1) If, in any proceedings in a court, tribunal or commission of inquiry, the identity
of a participant is in issue or may be disclosed, the court, tribunal or commission
shall, unless it considers that the interests of justice require otherwise—
(a) hold that part of the proceedings which relates to the identity of the
participant in private; and
(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.
(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.
(3) The court, tribunal or commission before which any proceedings referred to
in subsection (1) or (2) are conducted may, if it thinks fit, by order direct—
(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;
(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; and

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(c) that no person involved in the proceedings shall, in the proceedings,

make a statement which discloses or could disclose a protected
identity of a participant or former participant or his place of abode.
(4) In subsection (3), “protected identity” means an identity of a participant
or former participant that is different from the identity under which he is known in
or in connection with the proceedings concerned.
(5) This section shall have effect notwithstanding any provision of the
Commissions of Inquiry Act (Cap. 102) or any other law or rule of evidence.
25. Documentation restrictions
The Agency shall not obtain documentation for a participant which represents
that the participant—
(a) has a qualification which he does not have; or
(b) is entitled to a benefit to which he is not entitled.
[Act No. 2 of 2010, s. 23.]

26. Special commercial arrangements by Attorney-General

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.]

27. Dealing with rights and obligations of participant

(1) If a participant has any outstanding rights or obligations or is subject to
any restrictions, the Agency shall take such steps as are reasonably practicable
to ensure that—
(a) those rights or obligations are dealt with according to law; or
(b) the person complies with those restrictions.
(2) Such action may include—
(a) providing protection for the participant while the participant is
attending court; or
(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.
[Act No. 2 of 2010, s. 25.]

28. Avoidance of obligations by participant

(1) If the Director is satisfied that a participant who has been provided with a
new identity under the programme is using the new identity—
(a) to avoid obligations which were incurred before the new identity was
established; or
(b) to avoid complying with restrictions which were imposed on the person
before the new identity was established,
the Director shall give notice in writing to the participant stating that he is so
satisfied.
(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

23
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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.
(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.]

29. Payments under witness protection programme

(1) The Director may, at his discretion, certify in writing that the whole or part
of an amount held by a participant represents payments made to the participant
under the programme.
(2) An amount so certified cannot be confiscated or restrained, and cannot be
applied in payment of pecuniary penalties, under any law.
[Act No. 2 of 2010, s. 27.]

PART IIIA - RECIPROCAL PROTECTION

ARRANGEMENTS WITH FOREIGN COUNTRIES
29A. Admission of witnesses from foreign countries on reciprocal basis
(1) The Director, in consultation with the Attorney-General, may on the basis
of any treaty or convention ratified by Kenya enter into a written agreement with a
competent authority from a foreign country—
(a) to admit, on reciprocal basis, qualifying witnesses from that country
into the witness protection programme under this Act; or
(b) to have Kenyan witnesses protected under the witness protection
regime of that foreign country.
(2) The particulars for the agreement referred to under subsection (1) shall
include—
(a) personal particulars and relevant documentation with respect to the
witnesses sought to be protected;
(b) the reasons for their protection, and the nature of the risk or threat
they are facing;
(c) the period of protection;
(d) the source of funding to meet their protection costs; and
(e) any other relevant particulars.
[Act No. 45 of 2016, s. 18.]

29B. Application for admission of a foreign witness

(1) An application for protection under this Part shall be in the prescribed form.
(2) Upon receipt of an application under subsection (1), the Director shall
assess and, after consultation with the Attorney-General, determine whether or not
to admit the witness into the programme.
(3) Before a foreign witness is admitted into the programme under this section,
the Director shall—
(a) request to be furnished with such further information as may be
necessary; and
(b) confirm that the foreign authority requesting for such protection
shall provide all the resources and other material necessary for the
protection.

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(4) Where it is decided to admit a foreign witness in the programme, the Director
shall liaise with the Cabinet Secretary responsible for immigration for the necessary
permits.
(5) The Agency may make Regulations to give full effect of this Part.
[Act No. 45 of 2016, s. 18.]

29C. Admission of witnesses at request of international court, or tribunal,

to which Kenya is a party
(1) Subject to the provisions of any other law, the Director may upon request
from an international court, tribunal, commission, institution or organisation to
which Kenya is a party, and after consultations with the Attorney-General, admit
any witness to the programme.
(2) The provisions of this Part relating to the protection of foreign witnesses
shall, with necessary modifications, apply to a request made pursuant to this
section.
[Act No. 45 of 2016, s. 18.]

PART IV – MISCELLANEOUS
30. Disclosures concerning participants
A person who, without lawful excuse, discloses information—
(a) about the identity or location of a person who is or has been a witness
or participant; or
(b) which compromises the security of such a person,
is guilty of an offence and is liable on conviction to imprisonment for a term not
exceeding seven years.
30A. Prohibition of false representation
A person who, without prior written approval of the Agency, in connection with
an activity carried on by him takes, assumes, uses or in any manner publishes a
name, description, title or symbol conveying or purporting to indicate or convey
or which is calculated or is likely to lead other persons to believe or infer that the
activity is carried on under or by virtue of the provisions of this Act or on behalf of
the Agency, commits an offence and is liable on conviction to a fine not exceeding
five hundred thousand shillings or to imprisonment for a term not exceeding three
years or both.
[Act No. 2 of 2010, s. 28.]

30B. Offences in connection with staff of the Agency

A person, who—
(a) not being the Director or a member staff of the Agency, by words,
conduct or demeanour falsely represents himself to be the Director or
member of staff of the Agency;
(b) exercises or attempts to exercise undue influence over the Director or
staff of the Agency which is calculated to prevent the Director or staff
from carrying out their duties or encouraging them to perform an act
which is in conflict with their duties; or
(c) is an accomplice to the commission of an act whereby a lawful order
given to a member of staff or a regulation or directive or other rule
may be evaded,

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commits an offence and is liable on conviction to a fine not exceeding five hundred
thousand shillings or to imprisonment for a term not exceeding three years or both.
[Act No. 2 of 2010, s. 28.]

30C. Obstruction of the staff of the Agency

A person who assaults, resists or willfully obstructs a member of staff of the
Agency or a person acting under the direction of that member of staff in the due
execution of his duties under this Act, commits an offence and is liable on
conviction—
(a) for a first offence, to a fine not exceeding one million shillings; and
(b) for a second or subsequent offence, to imprisonment for a term not
exceeding five years.
[Act No. 2 of 2010, s. 28.]

30D. Prohibition of access to premises of the Agency

(1) The Cabinet Secretary responsible for internal security may, on the request
of the Director, by notice in the Gazette or in any other manner as it may be
necessary in the circumstances, prohibit or restrict access to land or premises
under the control of the Agency.
(2) The Agency may take or cause to be taken measures as it may consider
necessary for the security of, or the application of, a prohibition of or a restriction on
access to land or premises referred to in subsection (1), and may in connection with
measures taken cause notices to be published or warning notices to be erected as
it may, in each particular case, consider necessary.
(3) A person who enters upon or is on land or premises in contravention of
a prohibition or restriction under subsection (1) commits an offence and is liable
on conviction to a fine of not less than five hundred thousand shillings, or to
imprisonment for a term not exceeding three years or to both.
[Act No. 2 of 2010, s. 28, Act No. 18 of 2018, Sch.]

30E. Prohibition on disclosure without consent

(1) Subject to section 31(2), a person shall not, without the written consent
given by or on behalf of the Agency, publish or disclose to another person the
contents of a document, communication or information which the Agency itself has
not made public and which has come to the persons knowledge in the course of
his duty or association with the Agency under this Act, or, having information which
has been published or disclosed without the authority, publish or communicate that
information to another person.
(2) The limitation on disclosure in this section shall not be construed to prevent
the disclosure of criminal activity by the Director or staff of the Agency.
(3) A person who contravenes the provisions of subsection (1) commits an
offence and is liable on conviction to imprisonment for a term of not less than ten
years.
[Act No. 2 of 2010, s. 28.]

30F. Prohibition against intimidation, harassment etc.

(1) A person shall not intimidate, harass, obstruct, threaten, hinder or prevent
a witness with intention to subvert the course of justice.

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(2) A person who contravenes the provisions of subsection (1) commits an

offence and is liable, on conviction, to a term of imprisonment not exceeding five
years.
[Act No. 45 of 2016, s. 19.]

31. Disclosure by participants and others

(1) A person who is or was a participant or a witness considered for inclusion in
the programme and who directly or indirectly discloses or communicates to another
person—
(a) the fact that he or a member of his family has entered a memorandum
of understanding under section 7;
(b) details of the memorandum of understanding;
(c) information relating to anything done by the Director or any officer
under this Act; or
(d) information about any officer gained by the person as a result of
anything done under this Act,
is guilty of an offence and is liable on conviction to imprisonment for a term not
exceeding ten years.
(2) This section shall not apply to a disclosure or communication which—
(a) has been authorised by the Agency;
(b) which has been determined by the Agency for purposes of
investigation; or
(c) is necessary to comply with an order of the High Court.
(3) For the purposes of subsection (1), a person is a witness considered for
inclusion in the programme if—
(a) the person is a witness who is the subject of consideration under
section 5 for inclusion in the programme (even if the Director
subsequently decides not to include the witness); or
(b) the person is a witness included in the programme temporarily under
section 9 (even if the witness does not go on to be included in the
programme).
[Act No. 2 of 2010, s. 29.]

32. Non-compellability of witnesses

Except as otherwise provided by an order of the High Court, a person who
acquires knowledge or information as a result of association or connection, duty or
service with the programme or the Agency shall not be compellable, in proceedings
in a court, tribunal or commission of inquiry, to produce any document or to divulge
or communicate a matter or a thing related to the exercise of functions under this
Act or the protection of witnesses included in the programme.
[Act No. 2 of 2010, s. 30.]

33. Protection of witnesses

(1) No action or proceeding, including a disciplinary action, may be instituted
or maintained against a witness in respect of—
(a) any assistance given by the witness to the court or to a law
enforcement agency;

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(b) a disclosure of information made by the witness to the court or to a

law enforcement agency.
(2) Subsection (1) does not apply with respect to a statement made by a witness
who did not believe it to be true.
(3) No person shall be required to identify, or provide information that might
lead to the identification of, a witness who assisted or disclosed information to the
court or law enforcement agency.
(4) In any proceedings before a court, the court shall ensure that information
that identifies or might lead to the identification of a person who assisted or
disclosed information to the court or law enforcement agency is removed or
concealed from any documents to be produced or inspected in connection with the
proceeding.
(5) Subsections (3) and (4) shall not apply to the extent determined by the court
to be necessary to ensure that justice is fully done.
34. Immunity from legal proceedings
No person shall be liable to any action, claim, suit or demand whether criminal
or civil in respect of any thing done or omitted to be done by him in good faith in
the exercise or purported exercise of a function conferred by or under this Act.
35. Repealed by Act No. 45 of 2016, s. 20.
36. Regulations and rules
(1) The Attorney-General may make Regulations for or with respect to any
matter which by this Act is required or permitted to be prescribed or which is
necessary or expedient to be prescribed for carrying out or giving effect to this Act.
(2) The Chief Justice may, in consultation with the Director, make such rules
of court as may be required or permitted by this Act to be made or as may be
necessary or expedient to be made for carrying out or giving effect to this Act.
(3) Without prejudice to subsections (1) and (2) the nature and scope of the
Regulations and rules shall—
(a) be in line with the general purpose and objectives of this Act;
(b) be limited only to the matters set out in this Act; and
(c) comply to the drafting standards set out under this Act.
[Act No. 45 of 2016, s. 21.]

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