A study conducted by the Uganda Law Reform Commission since 2014 indicated that many cases had failed to take off due to the fear of witnesses to testify in courts of law. Against this background, the commission presented the Witness Protection Bill before the Parliament's Human Rights Committee. The Bill seeks to give extra protection to witnesses who fear that testifying would put them in danger. “The protection should be to the principal witness as well as members of their family who require protection. The protection should be based on actual threats and risk. And this must be following an assessment of what the threat and risk are.” Said, Jeroline Akubu – Assistant Commissioner, Uganda Law Reform Commission.
The Bill seeks to establish a witness protection agency to provide safety and facilitation of witnesses and their families during the trial. According to the Bill, this protection should be the mandate of the state. Some committee members argue that this Bill if passed, will reduce cases of mob justice and case backload in courts of law. “There are people who will actually camp around the court and say you are going to give evidence in that one, wait till we get home. So the threats are just too many.” Said, Veronica Bikyetero – MP, Kaberamaido County. “We need as a country to protect the witnesses from the time they submit or volunteer themselves as witnesses. From the time they have given their witness evidence and beyond the time they give their witness evidence. It is necessary because we need to agree even on the time beyond that for how long they should be protected.” Said, Abbas Agaba – MP, Kitagwenda County.
However, others argue that the Bill is unnecessary since the mandate of protecting witnesses is vested in police which must be empowered. “I wonder whether it would not be much better to empower the police to continue to do that job to codify that responsibility or better still to amend the Police Act if need be. Other than having to create another agency considering the expense that it will have to bring up. And another thing the police already has the infrastructure to take care of that.” Said, Robert Kyagulanyi – MP, Kyandondo East. “I have a lot of misgivings about the need for this law, I actually think we need to rejuvenate and probably retrain the police in handling suspects in a better way. In other jurisdictions, not every suspects needs to be incarcerated. You are a suspect, you make your statement and you go home. The witnesses make statements and go home and then you meet in court.” Said, Jackson Kafuzi – MP, Kyaka South. Committee Chairperson and Mitoma district Woman MP Jova Kamateka say the committee will consider all the view.