Challenges Facing Criminal Justice System in Relation to Witness Protection in Kenya

Abstract

Criminal activities that have a profound impact on human security and development, such as corruption, drug trafficking, serious and organized crime, human rights violations and terrorism. Consequently, the ability the criminal justice systems to investigate and prosecute such forms of serious crimes are often very limited. One of the challenges for many is in obtaining the cooperation of victims and witnesses and witness protection in order to obtain important information and evidence about such criminal matters. This paper examines the critical challenges facing the criminal justice system, particularly socio-cultural and legal challenges in relation to witness protection in Kenya. It further examines witness Assistance and Support, Witness Security and analysis of existing legal framework. The study recommends the development of appropriate measures including training of police on procedural protection measures, strengthening legislative framework to enhance witness assistance, support and security and guaranteeing of human rights, increasing of financial support to the witness protection programme and establishment of community of witness protection authorities as a close group and provision of expertise and other support.