These witness protocol is a guideline issued to supplement guidelines for video
conference proceedings in furtherance to the provisions of Rules 132 and 133 of the
East African Court of Justice Rules of Procedure 2019 and parties are advised to
note the following.
1. Proceedings through the video conference shall be like any other court
proceedings and witnesses shall be expected to conduct themselves in the
usual manner.
2. Witnesses shall be expected to keep the same degree of formality as if they
are in a physical courtroom.
3. The witnesses shall tender their evidence led by their counsel while seated.
4. The link through which the witness shall connect shall be shared well in
advance in collaboration with the counsel for the witness.
5. A day prior to the hearing, the Court shall conduct a test run involving all
participants in the hearing including the witnesses. The Court will assist the
witnesses familiarize with the core features of the system should they be in a
location different from their counsels.
6. In as much as is possible, the witness should be in the same room with his/her
counsel, seat a good distance from one another but in a position where both
can be seen on the video. The video camera must be adjusted in such a manner
that all of them can be seen to all the Judges.
7. In the event the witness is located away from the counsel, the court must be
satisfied that the proposed location provides to the extent possible an
environment of a court setting.

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