A person qualifies to be protected based on their testimony or if they are related to a witness who requires protection. Protection is only offered to witnesses who need protection from a threat or risk, which exists on account of his or her being a crucial witness.
One qualifies for protection if:
- Has given or agreed to give evidence on behalf of the State
- Has made a statement to the Police or any law enforcement agency in relation to an offence against a law in Kenya
- Is required to give evidence before a court, commission or tribunal outside Kenya, or
- For any other reason may require protection under the Act