Shadrack Khaoya Makokha v Republic
The bottom line
#Kenya's Court of Appeal let an unrepresented prisoner's late appeal proceed, prioritising his right to pursue appellate justice over procedural timing rules.
What this practically means
#Executive summary
#Key legal issues
#Extension of time for an unrepresented custodial litigant
Extension of time was granted and the notice of appeal deemed properly filed, the State having indicated no opposition.
The court took account of the fact that the applicant, a pro se litigant serving a custodial sentence, faces practical difficulties in pursuing his appeal, and sought to give effect to his right to pursue appellate justice. The Republic through the ODPP expressly stated it was not opposed to the application, and on that basis the single judge granted the relief sought without adverse findings on delay or merits.
Legal principles established
#- A single judge of the Court of Appeal may, on a home-grown motion by a pro se litigant in custody, grant extension of time and deem a notice of appeal properly filed, particularly where the respondent does not oppose.
Court orders
#- 1.The motion for extension of time is granted
- 2.The applicant's appeal is deemed to be properly filed
- Jurisdiction invoked
- Inherent/appellate jurisdiction of the Court of Appeal to grant extension of time and deem a notice of appeal properly filed (rule invoked not stated in the ruling)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shadrack Khaoya Makokha v Republic", Case Analysis (2026). Undated home-grown motion forwarded by the Officer in Charge, Kamiti Medium Prison on 23.1.26. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1306/eng@2026-07-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.