RULING OF THE COURT
The motion before us dated 1st February, 2018, prays for one substantive order;
“That this Honourable Court be pleased to correct its judgment delivered on 8th December, 2017, and direct that the Bill of Costs dated 15th May, 2012, be remitted to the Taxing Master, for taxation, under the Advocates Remuneration Order.”
The application is said to be “an application for review and alternatively of (sic) correction of the orders given by [this bench] dated 8 th December, 2017” . It is said to be brought under section 3(2) of the Court of Appeal Act, Rules 42 and 47 of the Court of Appeal Rules, “and all enabling provisions of law including Article 159(2) of the Constitution of Kenya”.
It is telling that even though described as an application for correction of errors, and indeed substantially seeks to correct our judgment, the motion does not cite the relevant rule for correction of errors. The relevant provision is rule 35(1) which in explicit terms provides;
“A clerical…