Stiff penalties for intimidation of witnesses

Persons found guilty of intimidating or threatening witnesses could face still penalties if amendments to the Witness Protection Agency (WPA) Act are passed by Parliament.

Among the proposed changes is a penalty of up to Sh2 million or a jail term not exceeding five years for those found guilty of seeking to obstruct the course of justice through witness intimidation.

The amendments are being championed by the Witness Protection Agency and will see Section 30 of the Act amended to increase the penalty from Sh1 million to Sh2 million.

The proposed changes also seek to empower the WPA to summon officials who may be privy to evidence of intimidation and those who defy the summonses will be subject to fines of up to Sh500,000, a jail term not exceeding three years or both.

Attorney General Githu Muigai said an emerging pattern of complex crimes requires a multi-faceted approach to ensure victims access justice and those who commit crimes face the law.

"It is evident that perpetrators of these serious crimes are hard to prosecute as there is hardly any person willing to testify for fear of reprisals including threats of death," said Mr Githu.

He added: "Witness protection becomes critical in ensuring successful investigation, prosecution and adjudication of such serious crimes."

Among the crimes that prosecution agencies have found difficult to deal with due to witness intimidation include gender based violence, terrorism, poaching, election offences, money laundering and human trafficking.

Secure convictions

Githu said the complex nature of the crimes and the high level of political and personal influence behind them makes it difficult for prosecutorial agencies to secure convictions against offenders.

WPA Director Alice Ondiek said the agency is determined to ensure those willing to give evidence in against suspects have the protection they need.

"To those who have developed a habit of committing crimes and threatening and intimidating witnesses not to report or appear in court to testify, we are telling them their days are numbered," warned Ms Ondiek.

If the amendments are approved by Parliament, witnesses who fear for their lives could be assisted to relocate to other countries under the witness protection programme.

This will, however, be determined by the nature of the risk faced by such witnesses and will only be applicable upon sufficient justification for such.

Families whose kin die while in the protective custody will also be entitled to compensation. "A successful resolve to check crime must therefore entail collaboration of both local and international partners," Githu said.