The proposed Witness Protection Bill, 2004, interferes with the globally recognised rights of an accused person, The Centre for Law and Research International (CLARION) warns. Clarion, one of the seven NGOs involved in the Human Rights House project in Nairobi, sounded the alarm last week, saying the Bill was in conflict with the recognised right to fair trial. (9-MAR-05)
This article was written by Judy Ogutu for the 3 March edition of the Kenya based newspaper the East African Standard. It has been edited for republication here.
In a statement signed by programmes officer, Osogo Ambani and deputy executive director, Clarion further faults the Bill, saying it has failed to effectively address the issue of child witnesses. According to Clarion, child witnesses, especially those in cases relating to defilement, would be subjected to humiliation and stigma.
-This is a poor Bill, and expensive, too
The organisation says its findings are as a result of a research conducted on the draft legislation and presented to the public for discussion. Though enactment of the Bill seems timely, a critical look at it reveals it might after all not be good for the country, Clarion states. It further says the Bill could be expensive for the country, as the State may be forced to take care of those in need of protection, especially in terms of food, housing, medical care and transportation costs.
-The Attorney General’s powers must be restricted
Clarion also criticises the Bill, saying it gives the office of the Attorney General “immense powers which may be prone to abuse,” and proposes that they be clipped. “Given our history of abuse and misuse of power, the A-G’s powers under the Bill should either be subjected to checks and balances by another institution or be done away with altogether.”
