Kenya will amend the Victim Protection Act 2014 and the Public Finance Management Regulation to establish a Victims Protection Fund.

As currently enacted, the Victims Protection Act 2014 that provides for protection of victims of crime and for reparation, compensation and special protection for vulnerable victims lacks the necessary legal backing to execute this mandate.

National Gender and Equality Commission Assistant Director for Legal, Complaints, Investigations and Redress, Desire Njamwea, says the government is therefore collecting public views to amend the Victims Protection Act, 2014 and public finance management regulations to establish Victims Protection Fund and give the Victim Protection Board legal framework to operate.

Speaking in Kakamega during the forum, Njamwae, who is also a representative of the Gender Commission in the Victim Protection Board says the Victims Protection Act that is supposed to ensure a balance of rights between an accused person and the victim has serious legal gaps that need to sealed to accord justice for victims.

Njamwae said the Victims Protection Board that is supposed to provide victim services is not a body corporate and therefore can neither sue nor be sued, which also makes it impossible to receive the necessary state funding to discharge its mandate of protecting the rights of the victims.

“The Victims Protection Board that is supposed to provide victim services is not a body corporate and therefore can neither sue or be sued, which also makes it difficult to receive the necessary state facilitation to discharge its mandate to protect the rights of the victims”, he added.

“Under the system, the Act establishes the Victims Protection Fund, it also provides for sources of funding, but lacks specifications on who is to collect the funds and the percentage to be shared out to victims of crime”, he added.

Njamwea said through the regulations of Public Finance Management Victims Protection Trust Fund the amendment is seeking to cure the flaw to make it possible to establish and operationalize the Victim’s Service Protection Fund.

“This will among other things, ensure that the victims have access to courts, are able to move to the courts of justice in the process of their pursuit of justice and the board will have the capacity to coordinate access to various services that victims may require in the course of seeking justice.eg psycho-social services, medical services and protection of the victims since they are endangered,” he explained.

“Victims are at risk of further victimisation and this can only be done if the board has the necessary legal backing that will be cure through this amendment,” he said.

He said this will only be possible if the board is a body corporate, it has the necessary legislative mechanism on how to execute its mandate as well as coordinate the various government agencies that offer different services that that victims require during the course of seeking justice.

Njamwea said the board will therefore have the mandate to coordinate national and county medical services, after-care services, reintegration of victims back to the society and ensure victims participation during the trial process.

“The board will also advise on what or not to charge, whether to give bail or bond and what impact it would have on a victim to ensure justice is served”, he added.

Participants at the forum welcomed the amendment but asked for decentralisation of services by the Victim Protection Agency to the local level, where most crime happens.

 Ednah Susan from Matungu Sub-County who represented People with Disabilities (PWD) called for their inclusion to the board a member from among them. They also want the agency to categorise various crimes.

Njamwea said victims of crime will be held in secret locations in safe homes to ensure they get justice away from the perpetrator.

The Victims Protection Board was created through an Act Parliament to give effect to Article 59(9) of the constitution to provide for protection of victims of crime and abuse of power.

• A Tell Media / KNA report / By George Kaiga and Gloria Asacha