https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1306
The application was allowed because the respondent did not oppose it and the Court recognized the difficulty faced by a pro se prisoner litigant, making it appropriate to grant extension of time and deem the appeal properly filed to facilitate access to appellate justice.
Source-derived case information.
- Citation
- [2026] KECA 1306 (KLR)
- Parties
- Appellant/applicant: Shadrack Khaoya Makokha; Respondent: Republic
- Court
- Court of Appeal
- Jurisdiction
- Kenya
- Case Number
- Criminal Application E014 of 2026
- Procedural Posture
- Criminal Application for Extension of Time and Deeming Notice of Appeal Properly Filed / Court of Appeal Ruling on Motion
- Outcome
- Application granted
- Judges
- ["PO Kiage"]
- Legal Topics
- Extension of Time, Notice of Appeal, Prisoner Litigant, Pro Se Representation, Leave to Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Shadrack Khaoya Makokha
Appellant/applicant
Republic
Respondent
Procedural Posture
Criminal Application for Extension of Time and Deeming Notice of Appeal Properly Filed / Court of Appeal Ruling on Motion
Legal Issues
- 1 Whether time should be extended to allow the applicant to lodge an appeal
- 2 Whether the notice of appeal should be deemed properly filed
- 3 Whether the applicant's custodial status and self-representation justified relief
Ratio Decidendi
The application was allowed because the respondent did not oppose it and the Court recognized the difficulty faced by a pro se prisoner litigant, making it appropriate to grant extension of time and deem the appeal properly filed to facilitate access to appellate justice.
Court Disposition
Application granted
Orders
- Time for lodging the appeal extended.
- The appeal is deemed to have been properly filed.
Full Case Text
Judgment text and source record
1 paragraphs
Makokha v Republic (Criminal Application E014 of 2026) [2026] KECA 1306 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] KECA 1306 (KLR) Republic of Kenya In the Court of Appeal at Nairobi Criminal Application E014 of 2026 PO Kiage, JA July 10, 2026 Between Shadrack Khaoya Makokha Appellant and Republic Respondent (An appeal from the judgment of the High Court of Kenya at Kiambu (Maina, J.) dated 26th September 2019 in Criminal Appeal No. 25 of 2019 Criminal Appeal 25 of 2019 ) Ruling 1.By the home-grown motion which is undated but forwarded by the officer in charge Kamiti Medium Prison on 23.1.26, the applicant Shadrack Khaoya Makhoha prays for extension of time to lodge his appeal and or/that his notice of appeal be deemed to be properly filed with leave of the Court. 2.The motion is supported by the applicant’s affidavit said to be sworn on 9th April 2026 before the Chief Magistrate at the Kahawa Law Courts. 3.The Republic has indicated, via a letter from the Office of the Director of Public Prosecutions dated 30.6.26 under the hand of Ms. Proscovia Vitsengwa, the learned Prosecuting Counsel addressed to the Registrar of this Court, that it is not opposed to this application alongside others. 4.In the circumstances and being cognizant of challenges that a pro se litigant serving a custodial sentence labours under, and so as to give effect to his right to pursue appellate justice, the motion is granted 5.Accordingly, the applicants appeal be and is hereby deemed to be properly filed. DATED AND DELIVERED AT NAIROBI THIS 10TH DAY OF JULY, 2026.P. O. KIAGE.......................... JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR