CASE OBURA V KOOME
|unqualified person are invalid if his client is unaware of such lack of qualification — Section 9 — Advocates Act (Chapter 16).
Section 9 of the Advocates Act (Chapter 16) Laws of Kenya provides that in order to quali9 to act as an advocate, a person must have been admitted as an advocate, have his name on the Roll and have in force a practising certificate. Where an advocate who does not satisfr these signs a memorandum of appeal, then that memorandum is incompetent and the appeal will be struck out.
No cases referred to in ruling
KWACH, LAKHA AND O’KUBASU JA: This is an application by the Plaintiff
|by way of a noúe ofmotion dated and filed on 26 February 2001 whereby the d Plaintiff seeks to have the appeal filed by the Defendant from the judgment of the superior court (Ole KeiwuaJ) Sven on 30 September 1998, struck out. rt is founded on the ground that the appeal is incompetent having been filed by an unqualified person. The appeal turns on the correct interpretaú)n and appli-|
cation of section 9 of the Advocates Act. Section 9 of the Act (Chapter 16) Laws of Kenya (as amended) provides:19 CASE OBURA V KOOME-1