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:

1. Has given or agreed to give evidence on behalf of the State
2. Has made a statement to the Police or any law enforcement agency in relation to an offence against a law in Kenya
3. Is required to give evidence before a court, commission or tribunal outside Kenya, or
4. For any other reason may require protection under the Act