Shadrack Khaoya Makokha v Republic

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) 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 .......................... https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1306/eng@2026-07-10 1

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