James Mayeku Makitoni & 2 others v Wenslaus Mukwana (suing as an administrator of the estate of Teresina Musebe) & 3 others; Lutukayi .J. Masinde (as Administrator of the Estate of the Late Michael Watamba) (Interested Party) [2021] KEELC 3640 (KLR)

Section 9 requires a practicing certificate for one to act as an advocate, but Section 34B expressly provides that nothing shall affect the validity of legal documents drawn or prepared by an advocate without a valid practicing certificate. The Supreme Court in National Bank of Kenya v Anaj Warehouse confirmed that only documents prepared by non-advocates or advocates struck off the roll are void. The court also invoked the principle that a litigant should not bear the consequences of an advocate's default where the litigant is innocent.

Review lies only on discovery of new and important matter, error apparent on the face of the record, or other sufficient reason, and must be sought without unreasonable delay. The applicants' sole ground was the alleged nullity of the application dated 10/6/2019 for want of a practicing certificate, which fails on the construction of Sections 9 and 34B of the Advocates Act. An error apparent on the face of the record must stare one in the face and admit of no two opinions.