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"speaker_name": "Hon. Chea",
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"content": "Thank you, Hon. Temporary Deputy Speaker, for that direction. I second this Motion and, equally, thank and congratulate Hon. Omar Mwinyi, Member for Changamwe, for initiating and bringing this idea to the Floor of the House. From the outset, this is a very noble and progressive Motion. It is a Motion that seeks to go into the aspirations of the common mwananchi . We are talking about a document known as a P3 Form. Those who have been victims at a particular stage in life will agree with me that the P3 Form remains a vital document in the justice system in this country. This Motion will assist us and the Government at the policy level. It will assist both the national Government and the devolved governments. As we are all aware, the Fourth Schedule of our Constitution has distributed some functions to county governments and others to the national Government in respect of health. The P3 Form is supposed to be filled at our health facilities by a doctor. These days, health facilities charge various fees for this document. Once this Motion is passed, we will proceed to harmonise this situation such that a victim in Kisumu County will receive the document free of charge and the same will happen to a victim in Kilifi County. As it is, the situation is quite unpredictable. Therefore, many people have shied away from having this document filled in. I must mention that the P3 document, as per the Kenyan law, is required in most sexual related cases and accidents. It is a very important document for use in court. Today, many people have been acquitted for one reason or the other because of this P3 Form. In our courts, cases are dismissed outright because of the absence of this document. Hon. Speaker, it is an important document. By all standards, we must support this Motion so that this document is granted free of charge. We must look at the procedure of obtaining this document. At the outset, once a victim reports a matter to the police, the P3 Form is issued. It is equally important to mention at this stage that because of several Non-Government Organisations (NGOs), at the police station level, the Government issues the P3 Form free of charge. Due to a lot of advocacy in having this document secured, we realise that the document is obtained on line. One can access it online, move with it to the police station to have it filled and thereafter to the relevant heath facility to be filled yet again. The question then is: how many people living in the rural areas are able to access internet services? So, I will still argue that we need to have many of these documents placed at the police stations so that people can easily access them. On the question of cost, it is important for us to understand that these victims are entitled to justice. Justice should not be expensive. It beats logic that for one to have the P3 Form filled by a medical practitioner one has to pay Kshs1, 500 or more. It is so sad. If we want cases prosecuted and heard on merit without the hurdles of P3 Forms not having been filled, then the case argued for a P3 Form to be filled without any charges is a worthy one and we must support. There is a growing apathy among medical doctors when it comes to filling this form. In most of these hospitals, they set a particular day and allocate a specific doctor the mandate to fill in a P3 Form. My reading of this Form clearly indicates that it can be filled by a medical doctor or practitioner; it does not specify who in particular. So, we have heard of cases where people go The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}