Witnesses should be given state protection

Over the past decade and a half, and especially after the passage of the 2010 Constitution, there has been a deliberate move to reform the criminal justice system. The aim is not only to enhance access to justice, but also to cater for victims and witnesses within the criminal justice system.

Legislatively, we now have laws dealing with the prevention of torture, legal aid for the indigent, victims protection, children, sexual offences, human trafficking and witness protection. The Constitution also recognises the rights of victims and witnesses in Article 50, which largely deals with the rights and entitlements of an accused person in a fair hearing in Kenya and also goes out of its way in Part 9 to require Parliament to ensure that laws are enacted to cater for the interests of victims.