Shikokoti v Republic (Criminal Application E119 of 2024) [2025] KECA 1884 (KLR)
The bottom line
#The Court of Appeal gave a life-sentence prisoner more time to appeal, recognising that incarcerated, indigent applicants face real barriers accessing court records.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant had shown sufficient cause to warrant extension of time to file a notice of appeal out of time
Key legal issues
#Whether to excuse the delay in lodging the intended second appeal
The Court exercised its discretion in favour of the applicant, finding the delay adequately explained by the failure to be supplied with certified proceedings and judgment, and the hardship of pursuing an appeal while incarcerated and serving a life sentence.
The application was unopposed. The Court considered the explanation that the delay arose from failure by the court to supply certified typed copies of the proceedings and judgment in time. It took cognizance of the difficulties an indigent incarcerated applicant faces in obtaining proceedings, and held it fair and just to allow the applicant to exercise his second, and perhaps last, appeal given that he is serving a life sentence.
Legal principles established
#- Once incarcerated, it is challenging for an indigent applicant to pursue the supply of certified copies of proceedings and judgment for appeal purposes, a factor the Court takes into account in exercising its discretion to extend time, particularly for an applicant serving a life sentence.
Court orders
#- 1.The application for extension of time is allowed
- 2.The applicant is granted leave to file the notice of appeal out of time
- 3.The notice of appeal shall be filed and served within fourteen (14) days of the date of the ruling
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya at Kakamega
- Not stated in the judgment
- Jurisdiction invoked
- Inherent discretion of the Court of Appeal to extend time for filing of a notice of appeal in exercise of the right of second appeal
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Although a long period of time has passed since the first appeal was determined by the High Court, this Court takes cognizance of the fact that once incarcerated, it is challenging for an indigent applicant to pursue the supply of the certified copies of the proceedings and Judgement for appeal purposes.
taking into consideration that the applicant is serving a life sentence, it is only fair and just that he be allowed to exercise his second, and perhaps last appeal to this Court.
In the premises therefor, the application for extension of time is allowed. The applicant is granted leave to file the notice of appeal out of time. The said notice of appeal shall be filed and served within fourteen (14) days of today’s date.
Issues in the judgment
#The judgment does not state the case number or neutral citation of this application, nor the case number of the first appeal dismissed by the High Court at Kakamega.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shikokoti v Republic (Criminal Application E119 of 2024) [2025] KECA 1884 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1884/eng@2025-11-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.