By Lillian Aluanga-Delvaux

KENYA: In just about two weeks persons seeking services of the Witness Protection Agency may call a toll free number to make their request known.

The development comes three months to the start of crimes against humanity trials of four Kenyans at the International Criminal Court in The Hague.

Trials for Deputy PM Uhuru Kenyatta, Eldoret North MP William Ruto, former Civil Service head Francis Muthaura, and radio journalist Joshua Sang start in April 2013.

It also comes at a time when plans by the Judiciary to establish a special division within the High Court to complement the International Criminal Court (ICC), are underway. The International Crimes Division, will handle various crimes related to post-election violence, piracy, crimes against humanity, and cybercrime.

Long questioned over its capacity to effectively discharge its mandate, the Witness Protection Agency’s director Alice Ondieki says the programme is now fully operational and has so far received over 100 applications.

The director says the number will make it easier and faster for people to contact the agency, currently housed at the Milimani Law courts.

The agency, established in 2009, by an Amendment to the 2006 Witness Protection Act, is mandated to maintain a witness protection programme.

It is also responsible for determining the criteria for admission and removal of witnesses from the programme, as well as determine the type of protection measures to be applied.

Numerous challenges

It has, however, faced numerous challenges since its official launch in 2011, with lack of adequate funding topping the list.

The setting up of a special unit to complement the ICC has raised hopes that victims of crimes committed during the 2007 post-election chaos may finally get justice.

In February last month, a taskforce was appointed by the Director of Public Prosecutions  to review over 5,000 post-election violence cases and recommend those that should proceed to trial.

The team, however, conceded it was facing challenges including the fact that some crimes were reported when it was too late. There was also the challenge of dealing with the police both as the perpetrator and investigator of some of the crimes.

Applicants linked to PEV

According to Ondieki, the current number of applicants to the witness protection programme includes those linked to post-election violence cases.

She is, however, reluctant to reveal any information with regards to their number or nature of crimes they may have information on.

Other high level cases where persons have sought the Agency’s help are related to terrorism. Besides cases where individuals have sent applications to the agency, there have also been referrals from the police and DPP’s office.

The director says in its one year of operation the agency has not lost any witnesses and has had at least five testify in court.