By Patrick Beja
Mombasa , Kenya: The Witness Protection Agency (WPA) seeks to revamp its operations and help fight local and international crimes. The Chief Executive Officer, Alice Ondieki said WPA offers protection for witnesses of local criminal cases and those at the International Criminal Court (ICC).
However, Mrs Ondieki declined to explain why some witnesses for cases against prominent Kenyans at the ICC have reportedly withdrawn saying The Hague-based court would be better placed to comment.
Sensitisation workshop
“The witness protection programme (WPP) in Kenya covers witnesses for the ICC. But the ICC can explain why some witnesses have withdrawn,” she said.
She was speaking at the first sensitisation workshop for police officers, prosecutors and prison officers at the Mombasa Beach Hotel on Thursday. She said dealing with the post election violence and investigations and prosecutions has been a major challenge.
“Most witnesses and victims are not willing to come forward and testify. With the operationalisation of the WPA, the witnesses are assured of their safety during the investigation and trial process,” she noted.
She said WPA lacked adequate funds to undertake the expensive WPP.
“Lack of inter-agency collaboration has been a hindrance to efficient implementation of the Act. It is due to lack of understanding about the mandate and nature of the operations of the agency,” she said.
Ondieki said WPA would roll out the training programme across the country to make it more effective. She said under the Rome Statute and the International Crimes Act 2008, the Government was obligated to cooperate with the ICC regarding the protection of witnesses and support the victims.
“Under Article 89 and 105 of the International Crimes Act 2008 of Kenya, the Government is under obligation to protect the witness during the ICC investigations and ensure that they are facilitated to appear before the ICC to testify,” she noted.
Given evidence
She said the agency has received 100 applications from witnesses seeking protection and that eight have successfully given evidence.
She noted that some witnesses have quit the programme after they were unable to cope with the condition that they should not go back to collaborators.
“The WPP is voluntary and we cannot force witnesses to stay,” she said.
She explained that in US and Israel many such witnesses are collaborators found in the prisons. Ondieki explained that an expert from South Africa who was involved in WPP at ICC has helped build up WPA.
Witnesses under WPA are for complex criminal cases such as terrorism, piracy, cyber crimes, drug trafficking, money-laundering, sexual and gender-based violence, human trafficking and election offences.
Ondieki said it was crucial to secure evidence needed for proper prosecution of criminal matters to combat transnational organised crime and create a secure environment for businesses to flourish.
“When witnesses fail to testify due to intimidation, the accused persons are acquitted causing the public to lose trust in the criminal justice system. This in turn undermines the rule of law, and creates an environment where lawlessness, insecurity and corruption thrive,” she noted.
