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{
    "id": 107277,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/107277/?format=api",
    "text_counter": 273,
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    "content": "words, they recognized that we have a talent here; that this unit is composed of professional people, but it is because of the structures that are in place that they are an impediment to the successful operation of the witness protection programme. Mr. Temporary Deputy Speaker, Sir, I want also to pay tribute to the United Nations Office on Drug and Crime which seconded an expert in this area to come and work with us and come up with what this House is going to consider. He has been here up to now and has been quite instrumental in advising us in some of the amendments that we have today. I must also admit that the Department of Justice of the United States of America (USA) Government also seconded an expert. In other words, what we are trying to put in place is a witness protection programme which is also consistent not only with the national standards, but also with international standards. These international standards become important because a successful witness programme cannot operate on its own. It has to operate with the understanding of other countries because of the necessity of at times, relocating these witnesses to other countries and also those other countries relocating witnesses to Kenya. Therefore, to be able to have that mutual working relationship, the programme must be consistent with international standards. Mr. Temporary Deputy Speaker, Sir, the Memorandum, Objects and reasons are well set out on Page 32 of the Bill. If I may just quickly go through this, you will find at page two of the Bill, a widened definition of the witnesses to be protected. They involve a person who needs protection from a threat or risk which exists on account of his being a crucial witness and who has given or agreed to give evidence on behalf of the State, has given or agreed to give evidence otherwise than on behalf of the State and, therefore, one can say even on behalf of the accused person, has made a statement to the Commissioner of Police, a law enforcement agency or is required to give evidence in the prosecution or enquiry held before a court, commission or tribunal outside Kenya for the purposes of any treaty or agreement to which Kenya is a party and in the circumstances prescribed by the regulations made under the Act. In other words, the person to be protected as a witness must be a crucial witness not only before the local courts or tribunals but also outside tribunals to which, of course, Kenya is a party. Mr. Temporary Deputy Speaker, Sir, you know that this House enacted the International Crimes Act. Under Section 20(1) Paragraph A(xi) of that Act, the ICC can request assistance for the protection of victims and witnesses. So, if this Bill is enacted, it will enable us to discharge our international obligations if the ICC decides that they require our assistance in protecting witnesses. As far as the protection of witnesses of the International Criminal Court is concerned, the primary responsibility is their protection. They have an approved department just focused on protecting their witnesses but they can also assist us and if they have to assist us, then we want to be ready. I want to emphasize that what we are enacting, if it is enacted, it is not because of the ICC but because of our own criminal justice system here, to be able to protect our own witnesses in serious organized crime as I have indicated, for cases being heard by our own courts here, so that we can end the culture of impunity locally."
}