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{
    "id": 700412,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/700412/?format=api",
    "text_counter": 113,
    "type": "speech",
    "speaker_name": "Hon. (Dr.) Nyikal",
    "speaker_title": "",
    "speaker": {
        "id": 434,
        "legal_name": "James Nyikal",
        "slug": "james-nyikal"
    },
    "content": "Thank you, Hon. Temporary Deputy Speaker for giving me the opportunity to contribute to this Motion. This Motion underlies a very important role in the justice system, particularly the role of the police in the justice system, which as we know is investigation. This form underlies that role of investigation. We also know that, until recently, the police were also involved in prosecution. However, with the establishment of the Department of Public Prosecutions, things are better off. I always wondered how we got policemen to prosecute and operate against lawyers who are better trained. That is something which will soon become a thing of the past. The police also have a role to play in the custody of accused people. A P3 Form is an extremely important piece of evidence. As things stand now the P3 Form is free because you can get it in the internet. The issue is once you have downloaded it, there is information that should be filled in by the police before it goes to the medical officers who should also fill it in. That is the greatest problem in as far as access is concerned. The form can be downloaded but getting it filled is a problem. As much as it is free, we are aware that because of corruption, a lot of money changes hands at this level and some of it is not receipted. It is not even revenue to the Government. The use of a P3 Form requires urgency which, sometimes, is not given. In a case such as rape, if there is delay in filling this form and the evidence is not preserved, it is lost completely. Even if the form is used later on, it is not very useful. The P3 Form is supposed to be filled by a doctor who would later on present it as a piece of evidence in court. Again, there is a big draw back here because it is filled by medical officers who often work in hospitals. In fact, the police surgeons who are supposed to fill them are extremely few and are only available in Nairobi. Because of this, most of P3 Forms are filled in Government hospitals. It is only on few occasions that people go to look for private doctors. Hon Temporary Deputy Speaker, doctors who are supposed to fill P3 Forms undertake other duties in hospitals such as treating patients. So, the truth is that many times doctors feel that they are doing work which is not theirs. Later on, they have to present a P3 Form in court still feeling that they should not be doing that work. This is because they are not even supported in terms of logistics, finances and transport. Many a time, they have to travel out of their duty stations and yet it is hard to get financial support. Hon. Temporary Deputy Speaker, the whole process is in a way weak. Therefore, it does not support access to justice. We know that there is a forensic department which is linked to the police but that department is extremely weak even in terms of investigation. So, that is an area that we need to look into. Things could be much better if we had a strong forensic department dealing with P3 Forms. The situation is getting worse now that we have devolution. Health is a devolved function and a doctor who is supposed to fill this form is responsible to a county government, while the justice system is a national function. So, there are many problems because doctors may feel they are not responsible because their bosses feel that it is not their function. I do not think the police have power. Perhaps courts have power to summon a doctor, but that is only if they have filled the form and have been asked to appear before court but have failed. In this case, a judge can issue summons to have the doctor appear before court. However, if they decline to fill the form then who is going to force them? I do not see how the police can force them because this is not their department. We should look at this big short coming. 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."
}