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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.
Go to the official site

Steps

  1. 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.
  2. If you are in urgent danger, say so: the Director can include you on a temporary basis before the full assessment.
  3. 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.
  4. If you are accepted and agree, you sign a memorandum of understanding that sets out the protection you will get and your duties.
  5. 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)
  1. Witness Protection Act (Cap. 79) new.kenyalaw.org · read 4 Oct 2026

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