Case ID:211183

In re Witness Protection Act (Miscellaneous Criminal Application E004 of 2023) [2023] KEHC 222 (KLR) (24 January 2023) (Ruling)

Case Metadata

Case Number:

Miscellaneous Criminal Application E004 of 2023

Parties:

In re Witness Protection Act

Date Delivered:

24 Jan 2023

Case Class:

Court:

High Court at Siaya

Case Action:

Ruling

Judge(s):

Roselyne Ekirapa Aburili

Citation:

In re Witness Protection Act (Miscellaneous Criminal Application E004 of 2023) [2023] KEHC 222 (KLR) (24 January 2023) (Ruling)

Court Division:

Criminal

County:

Siaya

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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 appropriate application before this court under a confidential file for consideration. The application is struck out.

5.

I so order.

6.

This file is closed.

DATED, SIGNED AND DELIVERED AT SIAYA THIS 24

TH

DAY OF JANUARY, 2023

R.E. ABURILI

JUDGE