Breaking Barriers to Justice: A Reflection on Our Firm’s Historic Triumph in Advocating Against P3 Form Charges
Access to justice is a fundamental right that underpins the bedrock of any democratic society. Regrettably, vulnerable and marginalized members of our communities are often confronted with a variety of financial, social, and institutional obstructions in their quest to get justice. As a law firm, we recognize these challenges and remain committed to advancing access to justice, the rule of law, and public interest advocacy through our pro bono services. Our unwavering dedication transcends beyond providing legal representation to indigent individuals. We are passionate about leveraging the law to effect systemic change and promote the welfare of the broader public.
Our firm’s exceptional achievement in this area is exemplified by our successful challenge of the unlawful imposition of fees for P3 forms on victims of rape and gender-based violence through Legal Resources Foundation Trust v Attorney General & 2 others; Council of Governors & 2 others (Interested Parties) [2019] eKLR. In the matter, our senior partner David Njoroge, FCIArb, CS, acted on behalf of Legal Resources Foundation in securing this momentous victory for access to justice. This remarkable feat serves as a testament to our unwavering commitment to promoting the rule of law and advancing public interest causes.
In the petition, through the submission of affidavits from affected persons, we advanced the argument that the imposition of costs on police forms was conducted in violation of Articles 48 and 50 of the Constitution, thereby impeding the populace’s access to justice. These affidavits served to demonstrate the extent of the rights violations suffered by the deponents with regard to the procurement and completion of the P.3 forms, as well as the arduous process they had to endure. The deponents attested to having had their cases dismissed for lack of evidence due to the absence of the P.3 form. Subsequently, the court concurred with our position that the government is constitutionally mandated to safeguard the rights of its citizens and to ensure their realization in accordance with the provisions of the Bill of Rights.
The court unequivocally stated that the state bears the obligation to guarantee a fairhearing for crime victims as stipulated under Article 50 and their right to access justice as set out in Articles 48 of the Constitution. In a landmark judgment delivered on the 4th of April 2019, the High Court at Embu concurred with our submissions and issued an order that the practice of imposing P.3 Form fees was illegal and unconstitutional, and furthermore directed that the Medical Examination Form, specifically the P.3 form or any other required form issued to victims of crime, should be made available free of charge without levies. The court additionally imposed a prohibition order, barring the respondents, their agents, or any medical officers responsible for public health facilities at all levels of government from levying fees for the issuance or completion of any Medical Examination Forms.
The judgment was a significant step forward in improving access to justice for survivors of sexual and gender-based violence SGBV). Nevertheless, there are still considerable obstacles to obtaining the necessary documentation. Although P3 forms are generally available for free in urban areas, individuals in some regions may have to pay for them. The reasons for this disparity are unclear, and it is unclear whether it stems from deliberate non-compliance or a lack of knowledge about the court’s ruling.
Following the groundbreaking judgment, The Legal Resources Foundation issued a policy brief, identifying several key issues that required further consideration in terms of advocacy and policy regulation. The brief recommended hashtag#criminalizing charges for expert witness reports and upholding hashtag#professionalism during the examination of specimens and evidence. Survivors of hashtag#violence, especially those impacted by domestic and sexual gender-based violence, should receive briefing and debriefing before and after medical examinations, with minors accompanied by trusted relatives. The merging of P3 and PRC forms was also recommended to better capture and corroborate evidence and streamline logistics. Finally, enriching the content of the P3 form to include currently omitted information was proposed to ensure urgent follow-up referrals and recommendations, particularly for minors requiring medical or psychosocial support.
The Legal Resources Foundation Trust v Attorney General & 2 others; Council of Governors & 2 others (Interested Parties) [2019] eKLR case was a significant triumph in the fight for access to justice for vulnerable and marginalized members of our communities. This success is a testament to our unwavering commitment to advancing publicinterest causes and promoting the ruleof law. While this groundbreaking judgment was an essential step forward in improving access to justice for survivors of SGBV, much more needs to be done to ensure that justice is accessible to all. Through our probono services, we will continue to work tirelessly to break down barriers to justice and promote the welfare of our communities.