PART II — GENERAL PRINCIPLES
4. General Principles
A court, administrative body or a person performing any function under this Act, shall respect and uphold the values and principles in the Constitution, and in particular, be guided be the provisions of Article 10, 27(4),47,48 and 49 of the Constitution.
Subject to subsection (1), a court, administrative authority or person performing functions under this Act shall ensure that—
(a) the court, administrative body or person does not discriminate against any victim on the basis of race, colour, gender, age, language, creed, religion, nationality, political or other opinion, cultural belief or practices, property, birth or family status, ethnic or social origin, disability, or any other grounds;
(b) every victim is, as far as possible, given an opportunity to be heard and to respond before any decision affecting him or her is taken;
(c) the victim's dignity is preserved at all stages of a case involving the victim, from the pre-trial to post-trial phase;
(d) every victim is addressed in a manner appropriate to his or her age, intellectual development, and is spoken to and allowed to speak in his or her language of choice, or through an interpreter if necessary;
(e) every victim is treated in a manner which takes into account his or her cultural values and beliefs;
(f) every victim is protected from secondary victimization in all informal, administrative and judicial proceedings relating to the victim;
(g) every victim is accorded legal and social services of his or her own choice and if the victim is a vulnerable victim within the meaning of this Act, then he or she shall be entitled to legal and social services at the State's expense;
(h) vulnerable victim is entitled to contact his or her family or any primary care giver;
(i) the victim's dignity is upheld at all times;
(j) the victim's cultural values and beliefs are respected;
(k) the victim is not discriminated; and
(l) the victim is protected from victimization of any sort .
Where in the opinion of the court or a police officer there is sufficient reason to believe that a victim is likely to suffer intimidation or retaliation from the accused, offender or any agent of the accused or offender, the Board shall immediately refer the victim to the Witness and Victim Protection Agency established under the Witness Protection Act, 2006.

4. Protective action
(1) The Agency shall establish and maintain a witness protection programmeandprogramme and shall take such action as may be necessary and reasonable to protect the safety and welfare of the protected persons.
(2) Without prejudice to the generality of subsection (1), the action taken undersubsectionunder subsection (1) may include but not be limited to—
(a) physical and armed protection;
(b) relocation within or outside Kenya;;
(c) change of identity; or
(d) any other measure necessary to ensure the safety of a protected person;
(3) The Agency may request the courts, in support of the programme, toimplementto implement protection measures during court proceedings which measures may include but not be limited to—
(a) holding in camera or closed sessions;
(b) the use of pseudonyms;
(c) the reduction of identifying information;
(d) the use of video link; or
(e) employing measures to obscure or distort the identity of the witness.
(4) The Agency shall put in place support measures to facilitate the integrationof integration of the protected person.
[Act No. 2 of 2010, s. 6, Act No. 45 of 2016, s. 14.]6.]