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"content": "amendment. We know the Bill that we had passed here and the deficiencies that were evident, and being a lawyer, I know that the case is as good as the evidence. If you lack the witnesses to present the evidence, that is the end of the case. I believe in the Ten Commandments, we have a reference to witnesses, though in the Ten Commandments, the good Lord said that we should not bear false witness. But also if probably years after, He realises how many witnesses have died for bearing truthful evidence and witness to crime, He would have added to that commandment that we should also protect witnesses who bear to the truth. Indeed, the history of the killing of witnesses, the history of other nations show us that in America and other parts of the world where there has been organised crime, we have had witnesses killed during the mafia wars and that country took steps to protect their witnesses. Mr. Temporary Deputy Speaker, Sir, we do know of several cases where witnesses have been killed in our country. As a young lawyer, I had a privilege of serving as a pupil in the firm of Orengo and Company Advocates. At that time, Mr. Orengo was handling the case of the late Robert Ouko. Indeed, it is one of the longest trials we have had in this country. It is also one of the darkest chapters in the history of this country where witnesses disappeared and kept disappearing. Finally, the judge, Abdulla Fida Hussein, who was presiding over that case, collapsed and passed on as we were ending that trial. There were all sorts of insinuations about his death. Indeed, the investigator in that case, Inspector Troon, was poisoned. It was a case that saw different witnesses right from the little boy, Shikuku, who discovered the body of the late Ouko while herding cattle to the cooks, the ayas and the drivers disappear and yet they were vital witnesses. Indeed, ours is a country that has seen a history of witnesses disappearing. It is a painful history that we have. We should not only be looking at international crimes and, maybe, the post-election violence and what happened. Borrowing from our past history, we should support this very important effort to protect our witnesses. Mr. Temporary Deputy Speaker, Sir, if you look at the Bill as drafted, you will realise that the biggest problem we have had, if we were to leave this unit under the Attorney-Generalâs Office to go through the normal cumbersome procedures of tendering, operationalizing this unit would be very difficult. Therefore, for the Bill to propose that we have an independent witness protection agency to replace the Attorney- General in playing this role is a big effort towards operationalizing this important unit. The funds that will run this unit will come directly from the Consolidated Fund. This in itself will ensure operational autonomy of this very important unit. It will also ensure that it operates. We have been advised by the Attorney-General the kind of operations the unit will be involved in; the covert capabilities that are required and the confidentiality. All these go towards ensuring that once we have operational autonomy by financing this unit, we will be able to make it more effective in its operations. We must also look at the people who will be overseeing the operations of this unit. Indeed, from the description, the Attorney-General has given us and the ladies and gentlemen who are with us in this House today, it is a unit that will require highly trained personnel who are able to execute their work, sometimes far away from home in other jurisdictions, for example, in foreign land where the witnesses will be hidden. We will require people who should be well remunerated. I think the issue of the welfare of the staff that will take charge of this unit must be looked at very carefully to ensure"
}