Effectiveness of Witness Protection Measures in Supporting Investigations in Mt. Elgon Bungoma County

Effectiveness of Witness Protection Measures in Supporting Investigations in Mt. Elgon Bungoma County

Charles Mutuma Baikanatha., Dr Ann Sirera (PhD)

Department of Security, Diplomacy and Peace Studies, Kenyatta University

DOI: https://dx.doi.org/10.47772/IJRISS.2025.909000574

Received: 16 September 2025; Accepted: 22 September 2025; Published: 18 October 2025

ABSTRACT

This study evaluated the effectiveness of Witness Protection Measures (WPM) in supporting crime investigations in Mt. Elgon, Bungoma County. Recognizing the importance of effective witness protection in enhancing judicial processes, the objective was to analyze how these measures influence investigative outcomes. Employing a descriptive survey design, the research targeted residents of Mt. Elgon, with a sample size of 400, selected through multistage sampling methods. Data collection involved questionnaires and interview guides, analyzed quantitatively via descriptive statistics, and qualitatively through thematic analysis. Findings revealed low awareness levels, with 56% of participants uninformed about WPM, often due to misunderstanding and mistrust. Qualitative insights indicated scepticism toward confidentiality and trust in implementers, impacting cooperation. On empowerment strategies, relationship-building and citizen safety emerged as critical factors, scored at 76% and 70%, respectively. The study underscores that fostering trust, increasing awareness, and community engagement are vital for strengthening witness participation. It recommends a comprehensive approach involving improved measures, transparent processes, and active community involvement to bolster investigations, emphasizing that strengthening trust and knowledge can significantly support effective crime resolution in Mt. Elgon.

BACKGROUND TO THE STUDY

The perceived effectiveness of witness protection measures (WPM) in supporting investigations in Mt. Elgon, Bungoma County, is a critical concern given the region’s complex security challenges. While witness protection programs are designed to enhance the safety and cooperation of witnesses, their true impact at the grassroots level remains poorly understood in Kenya, especially in high-risk areas such as Mt. Elgon (Wanajala, 2022). Globally, effective protection measures like relocation, anonymity, and community engagement have been instrumental in encouraging witnesses to testify, thereby enabling law enforcement agencies to dismantle criminal networks involved in organized crime, political violence, and insurgency (Conti, 2023; Martinez, 2023). However, in Bungoma, deep-rooted issues such as community mistrust, fear of retaliation, social stigma, and logistical barriers significantly undermine these efforts (Wanjala, 2023). Past conflicts, such as the activities of the Sabaot Land Defense Force and politically motivated violence during elections, have heightened fears among residents and hampered witnesses’ willingness to cooperate (KNHRC, 2008). Furthermore, despite the existence of the Kenyan Witness Protection Act, there is limited awareness at the local level about the available services and their effectiveness (Kimani, 2023). This study aims to critically analyze how victims and community members perceive the impact of current protective measures on investigative processes, emphasizing that without community trust and awareness, the potential of WPM to support justice remains limited.

Statement of the Problem

Despite the Kenya’s Witness Protection Agency (WPA), establishment under the Witness Protection Act No. 16 of 2006 (revised 2010), there was reluctance of residents of Mt Elgon in participating in criminal justice system despite the high criminal activities in the region. This is despite   the effect of crime on their livelihood. This withstanding there was little information on the awareness of the existence of witness protection agency and the services offered in Mt Elgon sub county in Bungoma County Kenya.

Therefore, the problem that propelled this study was that Mt Elgon Sub County of Bungoma County Kenya is marred by organized criminal activities undertaken in the society making it hard for members of communities to provide testimony during investigations, but the operational level WPA remains low. This has seen many cases in MT Elgon dismissed by courts as a result of non- cooperation of witness investigation and prosecution. This withstanding, few studies have been undertaken to establish the influence of Witness protection on crime investigation in Mt Elgon Sub County (JSC, 2021). It is against that backdrop that the study sought to determine the relationship between witness protection and crime investigation at Mt. Elgon in Bungoma County.

Specific Objective

To analyze the perceived effectiveness of Witness Protection measures in supporting investigations in Mt. Elgon subcounty of Bungoma County.

Justification

Witness protection is a powerful enabler tool that is recognized wild wide that enables witnesses to provide information that can be used in court to address criminal cases including those of complex nature. A protected witness is empowered to offer testimony without fear of reprisal or intimidation from the perpetrators enabling the criminal justice system to be effective in crime control.   Creating awareness on Witness Protection, and empowered witness can enhance a successful crime investigation can motivate the policymakers and practitioners to put in place program to enhance level of awareness to support crime investigations. In addition, understanding the perceptions of the consumers of the program offers information that can be used by both policy and practice to strengthen the program

Findings are instrumental to inform Witness Protection Agencies and Programs that provides Witness Services such as long-term relocation, use of video link among others in order to guarantee witness security.

LITERATURE REVIEW

Of paramount importance to the functioning of any criminal justice system is the voluntary cooperation of witnesses, whose testimonies serve as the cornerstone of successful prosecutions and, by extension, national security. To this end, witness protection agencies are tasked with the critical mission of ensuring that individuals providing evidence can do so without fear of reprisal, thereby safeguarding the integrity of investigations. A foundational measure in this endeavour is the principle of confidentiality, which Rothschild (2009) defines as an ethical concept protecting the trust a person places in having private information kept secret. This premise is vital in criminal investigations, as witnesses often hold sensitive information about perpetrators, and the unauthorized disclosure of their identity could endanger their lives. The obligation of investigators to maintain secrecy is therefore thought to significantly motivate witness cooperation. Empirical studies underscore the efficacy of this approach. For instance, Cruz (2022) evaluated a confidentiality protocol in Guadalajara, Mexico, that utilized encrypted digital profiles and courtroom pseudonyms. The study, which sampled 120 witnesses and 15 prosecutors, found a 62% increase in witness willingness to provide detailed statements and a 28% rise in case clearance rates when these measures were rigorously applied. Similarly, Nkosi (2024) investigated secure communication channels, such as one-time PINs for witness hotlines, in Cape Town, South Africa. The research, involving 85 witnesses, indicated a 55% increase in hotline engagement and a 33% reduction in witness recantations. However, both studies noted implementation challenges, including technical difficulties with encryption systems and intermittent mobile network coverage, highlighting the need for standardized training and robust technical support to realize the full potential of confidentiality measures (Cruz, 2022; Nkosi, 2024).

Beyond mere confidentiality, the establishment of genuine trust between witnesses and law enforcement is another critical pillar of an effective protection strategy. As Paliszkiewicz (2013) observes, trust is essential for successful cooperation and organizational effectiveness, as it facilitates negotiations and human understanding. In the context of witness protection, this trust is twofold: witnesses must believe not only in the investigators’ ability to ensure their physical safety but also in their ethical commitment to using the provided information for its intended purpose. This is particularly crucial when witnesses are providing evidence against members of their own community. Research demonstrates that deliberate trust-building initiatives yield substantial benefits. Rahman (2021) analyzed such efforts in Dhaka, Bangladesh, where community liaison officers mediated between witnesses and investigators. Surveying 100 witnesses, the study reported a 33% increase in testimony follow-through and a 25% boost in perceived police integrity scores, though 15% of witnesses remained skeptical due to past corruption scandals. In a more innovative approach, Njoroge (2023) piloted a “ride-along” program in Nairobi, Kenya, allowing witnesses to join police patrols before trial. This initiative led to a 40% rise in witness collaboration and a 22% reduction in pre-trial drop-outs among the 50 participants, despite some reporting safety concerns during the patrols. These findings suggest that proactive efforts to build rapport and demonstrate transparency are indispensable for fostering the witness cooperation necessary for effective crime investigations (Rahman, 2021; Njoroge, 2023).

For witnesses facing the most severe and imminent threats, more intensive and disruptive measures, such as physical relocation and identity change, become necessary considerations. As Dedel (2016) notes, witness intimidation is a prevalent tactic used to undermine justice, and in such cases, support must be provided to help individuals overcome this particular obstacle. Relocation, often within a state or farther away, involves severing all ties with a witness’s past life to ensure their safety and well-being. However, as Kramer (n.d.) avers, this measure, particularly international relocation and identity change, should be a last resort due to the profound hardship it imposes on witnesses. Bellucci (2023) examined safe-house relocations in Rome, Italy, finding that relocated witnesses had a 48% lower attrition rate and a 36% higher testimony completeness score, though 26% reported significant psychological strain from the process. When relocation is insufficient, a more extreme measure is the change of identity. Mack (2014) states that this involves creating a completely new personal history and providing new identity documents to prevent third parties from tracing the witness. This process, supported by international guidelines (Ilić, 2006; UN, 2008), requires the witness to surrender all original identifying documents and necessitates ongoing support for adaptation. A related measure is the concealing of information about property ownership, which involves creating temporary records with altered information to eliminate the risk of a witness being discovered through asset tracing (Demir, 2018; Ilic, 2006). The application and effectiveness of these profound measures in specific jurisdictions, such as Kenya’s Mt. Elgon Sub-County, remain areas requiring further research to understand their full impact on investigations.

Complementing these physical protections are procedural and technological innovations designed to create distance between the witness and the accused. Testimony via video-link is a prime example, a practice endorsed by Kenyan high court ruling in 2011. This strategy shields the witness from direct confrontation and intimidation, providing an environment where they feel safe enough to testify. The technology can be enhanced with techniques such as image blurring, pixilation, voice distortion, and cryptographic encryption to ensure privacy, confidentiality, and integrity of the testimony (Rastoceanu , 2022; Koshimizu, 2006; Xiezhang , 2021). A less technologically demanding but equally important measure is the use of pseudonyms. This allows a witness to be identified by a false name throughout the investigative and pre-trial phases, significantly reducing the risk of threat and intimidation (Ariz, 2017; Paunovic, 2013). The overarching framework for implementing these measures in Kenya is guided by the Witness Protection Act (2006), which provides for proceedings to be held in camera and for the assessment of witnesses for inclusion in the formal program. Ultimately, the goal of all these measures from confidentiality agreements and trust-building patrols to secure video testimony and full relocation is to overcome the pervasive fear of retaliation that can otherwise silence witnesses and cripple the pursuit of justice. As the various studies illustrate, while each strategy presents its own implementation challenges, their collective and thoughtful application is indispensable for effective crime investigation.

Theoretical Framework

This study was anchored on Protection Motivation Theory (PMT), which was introduced by (Rogers, 1975) and further revised in 1983 (Rogers, 1983) to explain the impact of persuasive communication on behaviours, with an emphasis on cognitive mechanisms underpinning the rationale to follow or not to follow a recommended behaviour. The theory was originally conceptualized for the utilization in the healthcare context (Conner & Norman, 2015). PMT is based on expectancy value (Rogers 1975) suggesting that induvial will engage in a behaviour based on the expected desired outcome. To this end the expected value of the behaviour is based on the subjective evaluation of individuals to inform their decisions to engage in a behaviour.  In the revision of the theory (Rogers, 1983) Coined five key areas that guide behaviour. These include self-efficacy, threat vulnerability and threat severity, and the negative function of response cost (Rogers, 1983). The inclusion of self-efficacy improved the predictive power of the model, as the construct was confirmed to be the strongest predictor of behavioural intention. Accordingly, individuals believe in their capability of the task in relation to recommended behaviour, the expected rewords and the cost of protective behaviour strongly influences decision making. Specifically, self-efficacy has been found to be the greatest motivator towards engaging in behaviour change (Bandura, 1980)

In relation to this study, engaging in witness protection programme would be informed by the expected outcomes and the value they carry. For example, understanding the value of WPA, the citizens may realize that their safety is taken care of and therefore choose to participate in the programme. This could be mediated through appraising the possible end results of prosecution such as security in the community, reducing fear of crime that would lead to progress in the communities. Specifically fear appeals may trigger reflexivity on the information communicated through awareness creation that would lead community members who witness crimes to participate in the programme. In addition, learning about the different approaches employed by WPA can build confidence in the citizens to take advantage of the programme to help the community fight crime in the society

Protection Motivation Theory provides a psychological blueprint for understanding witness behaviour in legal contexts. By analyzing how witnesses perceive threats and evaluate protective measures, policymakers can design more effective witness protection programs (WPPs). The theory highlights that fear alone is not enough to deter cooperation; instead, witnesses must believe that protective measures are both available and effective.

RESEARCH METHODOLOGY

Research Design

This study adopted descriptive survey research design which was used to establish the effect of witness protection programs on crime investigation in among residents of Bungoma County .The target population were adults of over 18 years of age from 172, 377 persons in mt. Elgon region (Cheptais, Kopsiro and Mt. Elgon sub counties) as per the data posted by Kenya Bureau of Statistics 2019 who have lived in the area for the last 10 years.

Sample Size and Sampling Procedure

The study employed a multi-stage sampling procedure. Mt. Elgon sub-county was purposively selected and then clustered into its administrative wards. A sample size of 400 participants was determined using the Yamane formula, with participants selected from each ward using proportionate simple random sampling. Additionally, 10 key informants were selected using purposive and stratified random sampling, with Creswell’s 30% criterion applied to ensure representativeness from various stakeholder groups.

Methods of Data collection and Analysis

Questionnaires were used as the main tool for quantitative in data collection, but also incorporated open ended questions to allow I participants in-depth reflection on the influence of witness protection program on crime investigation. To supplement findings, Key informant interviews discussions was held with 6 representatives from the following groups; senior Gazetted officers from NPS, Religious leaders, elected leaders and officers from the office of ODPP.

Effectiveness of Witness Protection measures in supporting investigations in Mt. Elgon subcounty of Bungoma County

Protection Measures and their implication on   Crime Investigation

The study sought to analyze the witness protection measures and their implication on crime investigations in the Mt Elgon sub county of Bungoma county This was important because the residents of Mt Elgon may have varying perceptions that may influence the uptake to support crime investigations. The participants were presented with a Likert scale table with items on witness protection measures to rate their availability and the extent to which they support investigations The response was as given in Table 1.1.

Table 1.1 The Witness Protection Measures for Successful Crime Investigation

The study findings on Table 1.1 indicate that majority of the respondents are not satisfied with the type of witness protection measures applied in Mt. Elgon as given by 26.1% on strongly disagree and 28.4% on disagree in comparison with 31 % who agreed. The study also indicates that the respondents disagreed that the types of witnessed protection measures applied in their area have enhanced crime investigation for the active cases as given by 22.2% for strongly disagree and 33.5% for disagree against 31.5% who agreed.  As relates to confidentiality, the participants disagreed at 60% that the police investigators are good at confidentiality as compared to 25. 6 % who agreed. The respondents also disagreed that the use of pseudonym non-disclosure has helped improve in crime investigation by the Police in Mt. Elgon Bungoma County as given by 29.2% for strongly disagree and 25.4% for disagree. The respondents also disagreed with the statement that the identity of the witness is changed to protect the witness as indicated by 35% for strongly disagree and 28.1% for disagree, in relation to the use of video link, the participants disagreed   it was applied to encourage witness participation.  The overall mean score for the response on application of different types of witness protection measures to support crime investigation was 1.88 that represents disagreement response based on a scale of 0-5. The mean score results therefore indicate that the respondents are in disagreement with the statements on witness protection measures taken by the crime investigation agencies in Mt. Elgon Bungoma County. This is not surprising given that the majority of the respondents as seen in objective one said that they were not aware of the existence of the programmes. The minority who indicated that different programmes available supported investigations may be the police officers’ administrators and a few who might have interacted with the police officers in the course of being victims of crime or still witness but perhaps discovering the value of witness protection by coincidence. From the table participants are not satisfied with the type of witness protection measures in place. Satisfaction is an important aspect in any social program as it is deemed to indicate the value placed in the client. Accordingly social programs are supposed to be consumed by those it is supposed to serve hence the importance of client-centered practice (Wu, 2013).  To this end, any successful social programme can be judged by the satisfaction of the clients. That the majority of the participants were not satisfied with witness protection programme, is an indication that there is minimal cooperation of the community in Mt Elgon in support of crime investigations. This may spell doom for crime investigators and law enforcement in general.

Many factors could contribute to lack of satisfaction in in any social programme. This may include issue issues such as lack of awareness, low confidence in the programme lack of trust in the organization running the programmes among other factors. As seen from the findings, more than   60% of the participants disagreed that the Kenya police officers are good at holding confidentiality.  The findings were supported with views from qualitative data as exemplified below

We do not trust our police. Sometimes residents offer information, then you hear it is out there, can you try to work with the officers again. The residents feel betrayed, so cooperation is difficult

This has the implication that the image of police officers in Kenya is dented making it difficult for the public to trust them. Vigoda-Gadot & Cohen (2014) observed that image of an organization is critical in obtaining loyalty and support from the public. Accordingly, citizens construct the image of an organizations based on the interactions they have hard with the organization.  As such it appears that residents of Mt Elgon sub-County in Bungoma have had bad experiences regarding witness cooperation.  To this end, although confidentiality is one of the most important codes in encouraging opening up, breaching of the code seems to encouraged skepticisms among the residents of Mt Elgon subcounty of Bungoma. Surmiak (2019) observed that Confidentiality represents a core principle in protecting informants.  Breaching confidentiality may expose informants to harm but also reduces the trust that is required when working with witnesses. Protecting the privacy of the witnesses not only protects the rights (Singh& Sweksha (2024) of the witness but also enhances credibility of the law enforcement officers. To the contrary a breach of confidentiality exposes the witness to harm creating fear and not cooperation

It will be recalled that failure to cooperate is related to fear of reprisal, therefore if the police officers are not able to hold information given by the witness, then the citizens will not only be dissatisfied but also fail to cooperate. According to the Protection Motivation theory that that informed this study, fear is a key factor that mediate the adoption of desired behavior. However, this is often moderated by self-efficacy. Therefore, if individuals are not able to overcome their fear, they are unlikely to participate in a programme.   CHRIPS (2014)   argued that many police officers in Kenya lack accountability and engage in malpractices such as interfering in criminal cases to influence the outcome.  Similar views were fronted by IPOA, 2024 that reported many complains of the citizen in relation to police officer’s accountability.  Although IPOA does not list the complains level against the police on accountability, it is possible that they engage in malpractices. In addition, unverified reports from media have shown that some witnesses in high profile cases have been harmed to prevent them from giving evidence., Therefore the dissatisfaction seen in the findings is not unfounded. The findings of this study mirror that of Wu (2013) who observed that the image of the service provider influences the consumer satisfaction

Other than satisfaction, the participants seem not be aware of the effectiveness of measures used in the region to conceal the identity of the witness. Identity change is one of the measures that could be applied to ensure the safety of the witness. According to UNDOC (2008), this is an exceptional measure given the psychological effects the witnesses may encounter the change of identity involves change of personal profile with an aim of concealing not only the identity of the individual. The aim is to minimize the risk of exposure inherent in providing a new personal history and to facilitate ownership of the new identity by the witness. This could help the witness gain courage, knowing that they will not be harmed.

especially with this criminal gangs, may be if you change your name and be taken very far away and if you can be supported, this can work. But again, leaving your people and community is not simple. (M3)

As can be seen from the quote, there is some consent that identity concealment with proper support can be effective. However, the leaving the people and community is seen to present challenges. This is not surprising as a community provides individuals with a sense of belonging. Accordingly, residents of a place possess cognitive or affective ties to each other providing security for individuals. In relation to this view, community attachment has been found to predict social capital. This has the implication that communities support members. This service could be missed, though the individual will be safe.  In general, however, this could work.  However, as seen from the findings the 53 % respondents disagree that this is done.  Only a minority represented by 35 % seem to agree raising questions whether the residents of Mt Elgon are aware of the approaches used and the expected value of WPP.  According to PMT that informed this study Marikyan, & Papagiannidis, (2023) argued that expectancy and value are the two factors that motivate behavior. Therefore, if the citizens are   not aware of the expected outcome, then they are unlikely to cooperate and assist the police in investigations.

From the data, there seems to be no effort in concealing the identity of the witnesses as revealed by those in disagreement at over 72 %. Unsure that you will not be harmed you may not be willing to cooperate with the police. As one key informant said

Sasa, nikisema intaeinad wapi nafamilia. Kesho itakutana nahuyo muhalifu is ataniumiza (so when I give information, where will I go. the next day I will meet the criminal, he will finish me off

The quote demonstrates the fear of being identified as a sellout. The fear makes individuals not to cooperate since they do not know that there is any form of protect. Reflecting on PMT that informed this study without expecting any form of protection, the residents may not risk their lives. To this end, it can be argued that the identity protection is perceived as effective measure   despite the emotional effect attached to relocation.

Other than, concealing of identity through relocation, the use video link seems not to be clearly understood suggesting that use of technology is low in the sub-County. This may not be surprising as rural areas in most part of western Kenya lack infrastructure that support technology.  Mabele ( 2019) observed that there is very low internet connectivity in rural areas of Kenya. It is therefore possible that most locals do not understanding how video links work so they may not be in a position to comment.

In general, residents seem to have mixed feelings about the strategies employed for witness protection. Accordingly, strategies to protect the witness, may be effective but the residents are skeptical about the police investigators who implement them. The low trust in police investigators seems to   act as a barrier towards embracing witness protection measures. The implication is that it is not the protection measure perse, but the way they are implemented that has far reaching effects that inform the evaluation of the effectiveness.

CONCLUSION

The study concludes that the current witness protection measures in the region are not well known by the majority of respondents. Lack of awareness of the programs acts as a barrier towards participation of witnesses in crime investigation. Despite the feasible strengths of various protective strategies, such as witness relocation, pseudonym use, and identity concealment, the majority of participants lacked knowledge to comprehend their effectiveness of these measures. This was further compounded by the lack of trust in the implementors.

Empowering witnesses in various ways was seen to be one way through which residents of Mt Elgon subcounty would learn to collaborate with crime investigative officers. Therefore, a more comprehensive approach, involving improved protection measures, transparent processes, and increased community engagement, is required to enhance witness participation and improve crime investigation success rates in the area. Addressing these concerns will be vital for the long-term success of the witness protection program and crime investigation outcomes in Mt. Elgon.

RECOMMENDATIONS

Based on the findings, the following actionable recommendations should be implemented;

1. Launch Targeted, Community-Led Awareness Campaigns: The Witness Protection Agency (WPA) and National Police Service (NPS) should partner with local chiefs, religious leaders, and community-based organizations to design and deliver culturally relevant information about the WPP. Utilize trusted local channels like barazas, vernacular radio stations, and mobile messaging to explain the program’s procedures, benefits, and safeguards. This approach leverages existing community trust networks to improve program visibility and demystify the process.
2. Strengthen Police Accountability and Transparency: The NPS, in collaboration with the Independent Policing Oversight Authority (IPOA), must establish clear, accessible, and confidential channels for reporting breaches of witness confidentiality by officers. Implementing a transparent feedback mechanism where residents see that punitive action is taken against errant officers is critical for rebuilding the trust necessary for witness cooperation.

• Integrate Anonymized Reporting Technology: The WPA and Directorate of Criminal Investigations (DCI) should explore and pilot low-cost technological solutions, such as secure, encrypted mobile applications or dedicated USSD codes. These tools would allow residents to share information anonymously, lowering the initial barrier of fear and providing a secure first point of contact before formal engagement.

1. Develop a Formalized Witness Support and Recognition System: Go beyond ad-hoc measures by creating a structured framework for witness support. This should include adequate financial compensation for lost time and travel, access to psychosocial support (trauma counselling), and a formal recognition system (e.g., non-public commendations or certificates) to validate and appreciate the contributions of witnesses, thereby encouraging future cooperation.
2. Enhance Inter-Agency Coordination: Establish joint operational teams comprising officers from the DCI, ODPP, and WPA for high-risk cases in the region. This ensures that witness protection is integrated from the initial stage of an investigation, not as an afterthought, leading to more cohesive and effective case management.

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