ABSTRACT

Witness protection is a pillar of any successful criminal justice system. Concern for witness protection is amplified in mass atrocities and complex criminal trials where suspected perpetrators may endanger witnesses. In Kenya, these concerns were augmented after the 2007- 2008 PEV, as reflected in the Waki Report that said failure to implement the witness protection law was one reason causing real and genuine difficulties in investigating violence of such magnitude.

Kenya enacted a witness protection law in 2006 when the country experienced mega corruption scandals. A law was necessary to protect witnesses or families of witnesses whose lives would be in danger owing to the seriousness of offences to which they would testify. Without witness protection some investigations are impossible to carry out, frustrating administration of justice. Kenya’s witness protection regime is among the best. Perhaps devolution of the functions to the counties and more outreach is needed.

Even though there are various provisions under Kenyan legislations whose aim is to ensure witnesses in criminal matters are protected, the program has not really picked up in Kenya. Therefore, the research investigates reasons as to why this programme has failed to achieve its objectives in Kenya, bringing out comparisons with best practice regionally through the South African program pointing out on areas where improvements can be made on the Kenyan laws on the same.