Witness protection if you have been threatened
Witness Protection Act; Witness Protection Agency · sources read 4 Oct 2026
If you are a witness in a criminal matter and face a threat because of it, you, the police, a prosecutor or your lawyer can ask the Witness Protection Agency in writing to admit you to its programme. Protection can include armed guards, moving you to a new place, a new identity, and court steps such as closed hearings or giving evidence by video link.
- How long
- No fixed number of days. The law says the Agency must handle a request without undue delay.
- Deadline
- Appeal to the High Court against a Complaints Committee decision: within 30 days of the decision
- Where
- In writing to the Director, Witness Protection Agency. The police officers or prosecutor handling your case can also make the request.
Steps
- Write to the Director of the Witness Protection Agency asking to be included in the programme. You can write yourself, or the police, a public prosecutor or your lawyer can make the request for you.
- If you are in urgent danger, say so: the Director can include you on a temporary basis before the full assessment.
- The Director assesses how serious the offence is, how important your evidence is, the danger you face and whether there are other ways to protect you.
- If you are accepted and agree, you sign a memorandum of understanding that sets out the protection you will get and your duties.
- If you disagree with the Director's decision, for example a refusal or removal from the programme, appeal to the Witness Protection Complaints Committee.
Watch out
- Protection can end once the danger that caused it no longer exists, or if you deliberately break the terms of your agreement.
- Protection is not a reward or payment for giving evidence.
- The Complaints Committee's decision is not the end: you can appeal to the High Court within 30 days of it.
Who this covers
- A witness: someone who has made a statement, or has given or agreed to give evidence, about an offence or criminal case in or outside Kenya, and needs protection because of an existing threat or risk.
- People related to a witness, or at risk because of a witness's testimony, can also be protected.
- For a child under 18, a parent or guardian signs the protection agreement.
Official sources (1)
- Witness Protection Act (Cap. 79) new.kenyalaw.org · read 4 Oct 2026