Journalists in Uasin Gishu County have been sensitized on witness protection to safeguard the welfare of witnesses in criminal cases.
The journalists were equipped with skills to ensure the identity of witnesses is not disclosed when covering stories involving witnesses who feel intimidated and threatened due to sensitivity of the case they are testifying before the justice system.
The sensitization forum on the media’s role in witness protection was conducted by the Witness Protection Agency (WPA), an agency formed under Witness Protection Act, 2006, to provide protection, safety, and welfare for witnesses in criminal cases and other proceedings who face risk or intimidation.
The Act, updated by the 2010 and 2016 amendments, authorizes the agency to manage protection programmes, including relocation, identity changes, and psycho-social support.
The training held in Eldoret, Uasin Gishu County on Wednesday, underscored the key role of the Fourth Estate in terms of protecting witness identities by not revealing names, faces, locations or personal details.
The Head of the Public Communications Department, Witness Protection Agency (WPA), Calvin Oredi, underscored the importance of responsible reporting by the journalists which ensures media coverage does not compromise witness safety.
The engagement shed more light on Section 30 of the Witness Protection Act (Chapter 79) which prohibits the unauthorized disclosure of information regarding the identity or location of a protected witness or participant.
The media were urged to be keen, since violating this provision by disclosing information that compromises a participant’s safety without lawful excuse constituted a criminal offense punishable by imprisonment for up to seven years.
Additionally, Section 117 of the Kenya Penal Code (Chapter 63) addresses “Conspiracy to defeat justice and interference with witnesses,” making it a criminal offence to hinder legal proceedings. It penalizes acts such as falsely accusing someone of a crime, preventing witnesses from testifying, or obstructing legal process, punishable by up to five years imprisonment.
Oredi implored the scribes to uphold ethical reporting and restraint by balancing the public’s right to know with individual’s right to life and security, warning against sensationalism which could undermine witness protection programmes and obstruct justice.
He acknowledged the media as key agents in raising awareness without exposure by highlighting the importance of the witness protection laws and programmes without identifying specific witnesses, thereby strengthening public trust in the justice system.
The Head of Communications indicated that the press plays a watchdog’s role by scrutinizing whether governments properly implement and fund witness protection schemes, exposing failures or abuses without endangering witnesses, hence holding authorities accountable.
He mentioned that journalists help restore confidence in the legal process, by supporting the rule of law through accurate reports on trials and investigations hence encouraging witnesses to come forward, knowing their safety would be guaranteed.
By exercising their advocacy role, particularly for legal reforms, media coverage could influence policy by exposing gaps in witness protection laws and advocating reforms that improve safety, anonymity, and long term support for witnesses.
“Threats cause witnesses to run hostile to the course of the justice system. Media must ensure the rights of witnesses are acknowledged and protected. In the era of witness protection, the Fourth Estate must act with responsibility, ethics, and restraint. Its power lies not just in exposing wrongdoing, but in ensuring that justice is served without putting lives at risk,” noted Oredi.
The event comes at a crucial moment as the agency endeavors to enhance communication with its partners and stakeholders including the media to build awareness of its activities and services.
The agency devises appropriate communication strategies that safeguard its covertness and positions it to stakeholders, as well as enhancing and strengthening its corporate identity and image.
Oredi said that there may be witnesses in the region particularly Uasin Gishu who feared to testify because of the threats they encountered and called on the media to help in reaching out to the public to disseminate information about witness protection to help people understand the mandate and services of the agency in providing special protection to witnesses.
“So we are here to inform them that in case of any such threats, there is a major intervention from the Witness Protection Agency to ensure that they get the necessary protection so that when cases are in court and they involve witnesses, they go to full conviction, and we are able to bring the justice system into the best way possible to deal with the Kenyans who need that service in the country,” alluded Oredi.
The great impact of WPA interventions is felt in transnational and organized crimes like terrorism, drugs, human trafficking and murder, robbery with violence, sexual and Gender Based Violence cases, corruption, land related cases and others
They revealed that the annual average cost of maintaining a protected person in the programme with about 3 dependents is approximately Sh5.7 million per annum.
In order to strengthen its role, WPA works hand in hand with over 30 State organizations like Office of the Director of Public Prosecutions (ODPP), National Police Service (NPS), Kenya Prisons Service (KPS), Court User Associations and others.
Since its inception in 2011, the Agency has so far received over 2000 applications of people seeking protection out of which 900 were approved. Over 600 witnesses out of 900 admissions in the witness protection programme have testified in court.
Media Council of Kenya (MCK) Regional Coordinator Joseph Mecha lauded the insightful engagement with the Witness Protection Agency, noting that it helped upskill journalists’ knowledge on matters of safety for witnesses.
“If there is a person who has a difficult life, or who is in a case where he can lose his life, how can he protect himself in the case? How can he get his rights and get his safety? So, we have been able to learn a lot from the Witness Protection Agency,” he noted.
He said the interaction with the facilitators helped the media practitioners to understand the need for structured collaboration between the institutions that deal with matters of safety of witnesses and how they could work closely to ensure the safety of journalists who cover stories with very sensitive information.
The Regional Coordinator said the platform created an opportunity to exchange ideas, where journalists also shared their challenges on what they go through as they cover sensitive stories and how they could go about it.
“We look forward to continued engagements around this to ensure that we also ensure our safety because journalists also do have or rather cover very sensitive information. They might also be the target. So, it is personal safety and the safety also of those others who may be dealing with these cases,” added Mecha.
By Ekuwam Sylvester
