KITUO CHA SHERIA BLOG

Unity of purpose: the case of resolution of the challenge relating to P3 form by Stakeholders in Mombasa County to enable access to justice

Towards the end of 2019, the Coast Civil Society Network worked together with Judiciary, County Government of Mombasa, the Office of Director of Public Prosecution, Kenya National Commission on Human Rights and the National Police Service on the matter of P3 form. On 10^th December 2019, the day of International Human Rights celebration, the above mentioned stakeholders conducted a session under the Mombasa Court Users Committee forum, albeit expanded to streamline access to P3 forms.   

P3 form has presented numerous hurdles for access to justice for the poor and vulnerable. The community had expressed challenges on how to access P3 form, to enable them seek justice. This is because some people were compelled to pay in order to access the form while others paid health officers to fill the form. Some failed to issue receipts. The amount issued was also unpredictable. In most circumstances, clients paid Kshs. 1500 others paid up to Kshs. 3,000. In some cases, the health officers failed to appear to adduce evidence in court.

Doctors admitted that they sought money from the patients to cover for their transport to court. They indicated that the hospitals were not providing any amount. As such, they needed money to enable them travel to court to adduce evidence.

The police were however categorical that there’s no amount charged to the public to access P3 forms. They added that the forms are readily available in the internet and could be downloaded therefrom. They however needed it filled by health facilities before presenting to the Office of Director of Public Prosecution as part of the content of the prosecution file.

The office of the Director of Public prosecution counseled that in case doctors present taxi receipts for attendance to court as witnesses, they would apply to court for their refund. In that case, the representatives from the county health facilities and office of Director of Public Prosecution needed to share the information in their various offices.

Upon this clarification, the team felt obligated to sensitize public for their information. As such, the subsequent activity was held at the community Hall in Nyali Sub County. This was on 14^th December 2020 and another in Likoni on 20^th December 2020. During the forums, even though Kituo took leadership, other organizations under the banner of Coast Civil Society Reference Group participated actively.   

The Chief Magistrate joined us at the Legal Aid and Legal at KICODEP hall. This was a meeting where community was invited. The community sought answers relating the P3 form at the plenary during the session. The community also sought to know why there have been delays in handling of the cases, especially land. On the other hand, there were challenges with defilement matters. Some needed to know why suspects of defilement were always immediately after their arrests. The chief Magistrate explained that some were released on bail bond terms pending hearing of the cases. She also explained that delays were as a result of constraint of human resource at the Judiciary.

There were also Governance issues raised, which we assigned our community justice centre. The entire Bombolulu Estate Roads do not have names or are not marked and assigned names. As such, the Kicodi justice centre, under Kituo, was assigned to lead a process of engaging the County Government of Mombasa to ensure the roads are properly marked.

UNDP Amkeni Wakenya has been supporting the strengthening of the Coast Civil Society Network. This support has been delivered through Kituo to facilitate Civil Society Quarterly meetings. It is in these meetings and subsequent Legal Aid forums where the plan to engage stakeholders was developed and implemented to ensure clarity on the matter of access to P3 form in Mombasa County.

By:

Zedekiah Adika, Advocate
Kituo Cha Sheria