JUDGMENT OF THE COURT
The appellant filed High Court Civil Case No. 42 of 2004 at Embu against the respondent. The plaint and other pleadings were filed by the appellant in person. Subsequently, the appellant instructed an advocate by the name of Mr. Njue Njeru to conduct the proceedings. The advocate conducted the proceedings before the High Court and judgment was delivered. It later turned out that Mr. Njue Njeru had been struck off the Roll of Advocates and did not have a practicing certificate and was thus an unqualified person under the provisions of section 9 of the Advocates Act, Cap 16 of the Laws of Kenya.
When this fact came to light, an application was made to review the judgment. The application was premised on the ground that there was an apparent error on the face of the record. The error cited was that the appellant’s case was conducted by an advocate who had no current practicing certificate. The learned Judge on hearing the application pronounced herself as follows:
“The…