Challenges facing implementation of witness protection program in Kenya

Abstract

Witnesses in highly sensitive cases are often intimated and physically harmed by people they are witnessing against or their associated. Kenyan government has enacted witness protection laws as results of pressure from International Criminal Court as part of conditions in prosecution of Post-Election Violence (PEV). This study sought to identify and document challenges facing implementation of witness protection program in Kenya. Specifically, this current study sought to achieve following objectives: to evaluate capacity gaps in Witness Protection Program and underlying causes; to explore adequate legal threshold and practice in Kenya‘s criminal justice system that expressly protects witnesses in court; to assess infrastructure-related challenges prevailing in protection of witnesses and to investigate socio-cultural barriers influencing protection of witnesses. This study is premised on structural functionalism theory. Case study research design was utilized in this study as it aided in gaining of in-depth information on issue of witness protection program. This study‘s target population were witness protection program officers working in diverse organizations including Attorney General‘s office, Law Society of Kenya, Directorate of Public Prosecution, Kenya Police, Ministry of Gender (Children‘s Department), Directorate of Witness Protection Agency, Children‘s Court, and representatives from National Assembly. Purposive sampling method was utilized to identify key informants from each of the organization totalling 40 respondents at five respondents per organization. Findings reveal a number of challenges which impede successful implementation of witness protection program in Kenya. They include: inadequate training due to limited resources and trainers; financial constraints due to inadequate funding by treasury; unclear witness protection procedures and poor infrastructural procedures of reaching witnesses. Infrastructure related challenges included: lack security, lack of physical facilities such as safe houses, escort services and audio gargets to protect witnesses. Also, major courts being located in major cities limits access to legal systems by rural folk and reluctance of some witnesses to leave their homes for the witness protection program. In establishing socio-cultural barriers influencing protection of witnesses, the study found that some cultures do not allow witnesses to testify in an open court especially offences related to intimacy. Recommendation is made for further research that will investigate ways of instituting effective programs which will focus on specific crimes