Time running out for witness protection programme

Ken Wafula In a few weeks time, the International Criminal Court (ICC) at The Hague, may authorize its prosecutor Louis Moreno-Ocampo to commence independent investigations and arraignment of the principal suspects of the post-election violence that rocked this country. But one thing is disturbing. Potential witnesses and active victims are being tormented by perpetrators of the chaos directly or indirectly through their henchmen. It is now in the public sphere that some suspects have recruited hit squads to track down, intimidate, compromise or eliminate perceived witnesses and victims who may assist with investigations and eventually trials. One witness who has been on the run for sometime had a brother murdered and two relatives beaten up by persons claiming to be police officers looking for the witness. This witness has information on post-election violence. He was used by the National Security Intelligence Services (NSIS) to gather information on the planning and execution of the chaos. It is the NSIS which facilitated him to testify at the Waki Commission. But some top officers at NSIS Headquarters, who are close to some of the perpetrators, are out to eliminate him. The question is: Is it individual officers doing this heinous activity to serve the interests of the people who bear the highest responsibility of the chaos or is it a government policy to eliminate witnesses as a way of frustrating the process?Credible witnesses The successful prosecution of crimes against humanity cases depends on the availability of credible witnesses, which in turn requires that witnesses are confident and can testify truthfully without fear of retribution. There is need for measures to protect witnesses prior to, during and after trials. In some instances, we may require long-term witness protection programs such as relocation or resettlement in other countries. Some witness protection strategies include changing the identities of relocated witnesses and giving them subsistence support. Others require psychological counseling and close networking of witnesses and intermediaries working for their protection. Locally, protection for post-election violence witnesses is non-existent. This has left witnesses who testified at the Waki Commission and who are likely to do the same at the ICC vulnerable to attacks, intimidation and compromise. As of now at least six witnesses have succumbed to threats on their lives and accepted scholarships and business capital from the wealthy and well-connected poll chaos masterminds. One of the witnesses who refused the offer in Naivasha died in mysterious circumstances. The Witness Protection Act , 2006 is a piece of legislation which seeks to achieve the objective of protecting witnesses in sensitive crimes. Under section 4 (2) of this Act, the Attorney General is empowered to establish a witness protection program for the purpose of protecting the safety and welfare of witnesses. The AG can make arrangements to allow a witness to establish a new identity, relocate to a safe area, and provide his accommodation and transport for the property of the witness. The AG ’s office is also required to provide financial assistance, counseling and vocational training services. However, the procedure for admission of witnesses to this programme as stipulated by the Act is tedious, slow and dangerous. Taking sides It can take up to six months before a witness gets this critical support and by then he or she would have suffered the harm they feared. Besides, the Government of the day and its agents cannot be trusted with such programme due to partiality.It is necessary that the civil society organisations, International Community and ICC come up with an independent Witness Protection Fund and programme that will adequately and securely address the welfare of witnesses and active victims. Otherwise, the ICC, TJRC and other transitional justice processes will come a cropper. The writer is a human rights activist based in Eldoret.

Time running out for witness protection programme

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Time running out for witness protection programme

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