CAP. 62A
(d)
(e)
Sexual Offences
Sexual Offences
[Rev. 2012]
prohibiting the publication of the identity of the complainant or of
the complainant’s family, including the publication of information that
may lead to the identification of the complainant or the complainant’s
family; or
any other measure which the court deems just and appropriate.
(5) Once a court declares any person a vulnerable witness, the court shall
direct that an intermediary referred to in subsection (3), be appointed in respect
of such witness unless the interests of justice justify the non-appointment of an
intermediary, in which case the court shall record the reasons for not appointing
an intermediary.
(6) An intermediary referred to in subsection (3) shall be summoned to appear
in court on a specified date, place and time to act as an intermediary and shall,
upon failure to appear as directed, appear before the court to advance reasons for
such failure, upon which the court may act as it deems fit.
(7) If a court directs that a vulnerable witness be allowed to give evidence
through an intermediary, such intermediary may—
(a) convey the general purport of any question to the relevant witness;
(b) inform the court at any time that the witness is fatigued or stressed;
and
(c) request the court for a recess.
(8) In determining which of the protective measures referred to in subsection (4)
should be applied to a witness, the court shall have regard to all the circumstances
of the case, including—
(a) any views expressed by the witness, but the court shall accord such
views the weight it considers appropriate in view of the witness’s age
and maturity;
(b) any views expressed by a knowledgeable person who is acquainted
with or has dealt with the witness;
(c) the need to protect the witness’s dignity and safety and protect the
witness from trauma; and
(d) the question whether the protective measures are likely to prevent the
evidence given by the witness from being effectively tested by a party
to the proceedings.
(9) The court may, on its own initiative or upon the request of the prosecution,
at any time revoke or vary a direction given in terms of subsection (4), and the court
shall, if such revocation or variation has been made on its own initiative, furnish
reasons therefor at the time of the revocation or variation.
(10) A court shall not convict an accused person charged with an offence under
this Act solely on the uncorroborated evidence of an intermediary.
(11) Any person, including a juristic person, who publishes any information in
contravention of this section or contrary to any direction or authority under this
section or who in any manner whatsoever reveals the identity of a witness in
contravention of a direction under this section, is guilty of an offence and liable on
conviction to imprisonment for a term of not less than three years or to a fine of not
less than fifty thousand shillings or to both if the person in respect of whom
[Issue 1]
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