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{
"id": 700353,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/700353/?format=api",
"text_counter": 54,
"type": "speech",
"speaker_name": "Hon. Maanzo",
"speaker_title": "",
"speaker": {
"id": 2197,
"legal_name": "Daniel Kitonga Maanzo",
"slug": "daniel-kitonga-maanzo"
},
"content": "Thank you, Hon. Temporary Deputy Speaker for giving me an opportunity to contribute on this very important Motion. The P3 Form was originally in the Police Act, which has since been amended to become the National Police Service Act. Though it has not been captured in the new Act, because it only appears in the repealed Act, it is part of the saved clauses, so that it can be formalised. The P3 Form is copied in the old Police Act, but the same form has been retained by police stations to date. Ordinarily, somebody applies for a P3 Form if he sustains an injury in an accident for purposes of lodging a compensation claim with the relevant insurance company, or if one has been injured by a wild animal for purposes of lodging a compensation claim with the Kenya Wildlife Service (KWS). This is now done at the county government level because it would be a guiding document. Also, if somebody has been injured by another person, he will still use the P3 Form for purposes of prosecution of the assailant for causing bodily harm or grievous bodily harm. The P3 Form is still useful in criminal prosecution as well as in civil prosecution. It is used as a guiding principle when it comes to awarding of compensation. In order for it to be issued, the person who is injured in whatever circumstances has to go to hospital to be examined and obtain some medical notes from a doctor. The police will then issue the victim with a stamped P3 Form. Previously, the P3 Form used to go to the police surgeon who for a long time has only been one. However, with the coming of devolution, there are now regional gazetted officers. It is not every officer who can sign a P3 Form for use in court. If the doctor is not competent and is not gazetted as a police surgeon, it would be an exercise in futility. The P3 Form will still not survive in court. Therefore, it is important for it to be signed by a gazetted officer who will be available to give evidence in court. The same person who is the maker of the document is the one who gives evidence. For example, for a long time, the police surgeon in Nairobi area used to go round all the courts. Therefore, in order for the P3 Form to be effective, the Government should assign that role to several police surgeons. Ordinarily, the officer should be high ranking in the NPS because doctors used to be hired for that purpose. It is good it is strengthened under the new Constitution, so that we have many of them. The P3 Form is very important because without it, one can be misused, especially where police officers collude with applicants even when the injuries sustained are not sufficient. That is why the involvement of a police surgeon is important. If not properly managed, application of the P3 Form can result in fraud. It can be used fraudulently to provide misleading information if it is easy to obtain without controls. There are issues that surround the use of the P3 Form because it is a basis for compensation and criminal conviction. Therefore, it is important to have it filled urgently. Ordinarily, one is not charged for a P3 Form. That is why it is now freely downloadable from the internet. If any Kenyan is asked to pay for a P3 Form at any police station, then there is a problem there. However, when one goes to see a private doctor or a doctor from whatever quarters, they will be charged a fee. For you to be issued with a P3 Form, it means that you have seen a consultant. Since it is a private consultancy, you are charged. However, if you go to a Government institution, you must be issued with the document free of charge. This is meant to ensure that Kenyans are served quickly, so that this document can be useful. If death is caused by an injury, the P3 Form must be issued. The criminal procedure is that if an injured person dies within a year, a postmortem report is prepared and then the two documents are tied together. If one is injured by another person and he dies within a year, the assailant is charged with manslaughter or murder. 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."
}