As of April 2026, Healthcare facilities across Kenya are hereby put on notice that the continued charging of fees for the issuance or completion of P3 forms is illegal, unconstitutional, and in direct violation of court orders.
A P3 form is a police-issued medical report completed by a qualified medical practitioner to document the nature and extent of injuries sustained by a victim of a crime. It serves as a critical evidentiary document in criminal proceedings, particularly in cases of assault, defilement, and other forms of gender-based violence. The form establishes the link between the alleged offence and the injuries sustained and assists the court in determining the appropriate charges and level of harm.
The High Court in Legal Resources Foundation Trust v Attorney General & 2 others unequivocally held that P3 forms must be issued and filled free of charge in all public health facilities and police stations. The Court found that imposing fees on victims particularly survivors of assault and gender-based violence amounts to a denial of access to justice, contrary to Article 48 of the Constitution.
Despite this clear legal position, it has come to attention that certain hospitals continue to levy charges ranging from Kshs 200 to Kshs 1,000 for P3 services. This practice must cease immediately. For the avoidance of doubt:
- No fee shall be charged for the issuance of a P3 form at any police station.
- No medical officer or health facility shall levy any fee for the examination or completion of a P3 form.
- Any such charges are unlawful and unenforceable, regardless of internal hospital policy or county revenue frameworks.
Healthcare institutions are reminded that the P3 form is not a commercial medical service, but a critical evidentiary document necessary for the investigation and prosecution of criminal offences. Its accessibility must not be conditioned upon a victim’s ability to pay.
Any reliance on provisions of the County Revenue Administration Act or similar legislation to justify these charges is misplaced and legally untenable. To the extent that such provisions conflict with the Constitution and the High Court decision, they are null and void.
Continued non-compliance with this directive may result in:
- Contempt of court proceedings
- Constitutional petitions for violation of fundamental rights
- Personal liability for responsible officers
Healthcare providers are therefore directed to immediately discontinue the levying of any fees associated with P3 forms and to take all necessary administrative measures to ensure full compliance with the law.
In conclusion, access to justice is a constitutional guarantee not a privilege for those who can afford it. Any institution that continues to undermine this principle does so in blatant disregard of the law.
