P3 forms must be free, High Court rules

An Embu High Court yesterday ordered that issuing and filling P3 forms for victims of violence must be free.

Embu resident judge Justice Florence Muchemi declared that levying fees for issuing and filling medical examination forms — commonly called P3 forms — is illegal and unconstitutional.

The services must be free countrywide immediately, she ruled, annulling any levies.

Payment ranges from Sh200 to Sh1,000, depending on the county.

The forms are used by the police and Director of Public Prosecutions to prove physical assault in court. 

Muchemi said that demanding payment before a violence victim can be issued the form or have it filled out by a health worker violated the basic principle of access to justice.

She has thus prohibited the police, hospitals and any health facility in the country from levying fees for issuance and filling the forms

The judge said the Constitution prohibits the state from discriminating directly or indirectly against any person and it's responsible for ensuring law and order.

The nullification of payment for these forms followed a petition lodged by the Legal Resources Foundation Trust.

The Foundation, through Embu-based lawyer David Njoroge, had sued the Attorney General, the Police IG and Health CS. It argued that the required payment has been frustrating justice to victims.

The Council of Governors, which opposed the petition, the Law Society of Kenya and the International Justice Commission supported it.

They were enjoined in the case as interested parties.

Njoroge argued that the illegal fee-charging practice had led to 'untold sufferings and miscarriage of justice' to the public and hampered a just and fair criminal justice system.

He said criminal cases were collapsing en masse at an alarming rate after they were dismissed without being heard on merit due to lack of the legally acceptable and mandatory P3 form.

The lawyer said payment was an impediment to the vulnerable people, ending their quest for justice. This led to unfair discrimination, lack of equal protection of the law as guaranteed by the Constitution, Njoroge said.

The respondents had argued the petitioner had not proved that the payment for issuing and filling out the forms was hampering justice. They called for dismissal of the case.

The judge, however, dismissed an application seeking compensation for all victims who previously paid for p3 forms.

She said this would open a Pandora's Box.