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{
    "id": 697495,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/697495/?format=api",
    "text_counter": 200,
    "type": "speech",
    "speaker_name": "Hon. Waiganjo",
    "speaker_title": "",
    "speaker": {
        "id": 2644,
        "legal_name": "John Muriithi Waiganjo",
        "slug": "john-muriithi-waiganjo"
    },
    "content": "It also goes ahead to say in Section 3(b) that a witness who is required to give evidence in an inquiry before a commission, court, tribunal outside Kenya - where Kenya is signatory to a treaty can also be said to be a protected witness in the circumstances that are prescribed by regulation. This means that when we come to define or create regulations for this law, we will remember that we are required to define, in further terms, a witness. This is because the Bill limits the definition of a witness profoundly. In these regulations, we need to expand the definition of a witness or who else can become a witness. In Section 3(ii), it also shows who can be protected. A person is protected if he qualifies for protection by various virtues. It may be by virtue of being related to the witness who is testifying. Hon. Temporary Deputy Speaker, you will notice that a witness may not be harmed in some instances but, they may go after the family of the witness or a person related to the witness. So, when we say that a person can be protected by virtue of being related to a witness, we are saying that any other person who has a relationship with the witness can be harmed and can therefore qualify to be a protected witness. It may also be by virtue of the testimony given by a witness. A witness may appear in court and give testimony that has far-reaching implications so that even before the end of the trial, certain people or suspects may want to eliminate that kind of a witness because of the evidence coming forward. What we are saying is something that happens every day even in our courts. A witness starts testifying and, later on the witness disappears. It is because the witness is not protected and the nature of the evidence he is giving is enough to show that the suspect is guilty and that testimony may lead to conviction. Therefore, the testimony given by witnesses can qualify a witness to be a protected witness. It also says any other reason the Director of Public Prosecutions (DPP) may consider. So, that does not necessarily limit it to Section 3(ii) but gives leeway for regulations to come and create situations where a person may be declared as qualified to be protected by this law. Clause 11 which amends Section 3P is very important and profound because it seeks to reconstitute the Witness Protection Advisory Board to align the titles of this board with the new Constitution. If you look at the earlier Act that we seek to amend, it shows that the minister is the chairperson of the Witness Protection Advisory Board but, as I have said, this minister is now the Attorney-General (AG). It also says another member of the board is the Cabinet Secretary (CS) of the Ministry of Justice. We do not have that now. Instead, it brings in the CS, Foreign Affairs but the CS of Finance remains the same. The inclusion of the Registrar of the Judiciary is an important amendment."
}