[2021] KEHC 1369 (KLR)
The court found that Changaya Kennedy Wesa had not taken out a practicing certificate for the years 2017 to 2020, as evidenced by records from the Law Society of Kenya. Under the Advocates Act, only advocates with valid practicing certificates are qualified to act in legal proceedings. Therefore, any documents filed...
Source-derived case information.
- Citation
- [2021] KEHC 1369 (KLR)
- Parties
- Advocate: Changaya Kennedy Wesa
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 118 of 2015
- Procedural Posture
- Succession Cause / Ruling on Preliminary Objection
- Outcome
- preliminary objection upheld; filings by unqualified advocate struck out
- Judges
- DN Musyoka
- Legal Topics
- Advocate Qualification, Striking Out Filings, Practice Certificate Requirements
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Changaya Kennedy Wesa
Advocate
Procedural Posture
Succession Cause / Ruling on Preliminary Objection
Legal Issues
- 1 Whether Changaya Kennedy Wesa was qualified to act as an advocate in this matter during 2017-2020.
- 2 Whether documents filed by an unqualified advocate are competent before the court.
Ratio Decidendi
The court found that Changaya Kennedy Wesa had not taken out a practicing certificate for the years 2017 to 2020, as evidenced by records from the Law Society of Kenya. Under the Advocates Act, only advocates with valid practicing certificates are qualified to act in legal proceedings. Therefore, any documents filed by Mr. Wesa during the period he was unqualified are incompetent, null and void. The preliminary objection was upheld, and all such filings were struck out.
Court Disposition
preliminary objection upheld; filings by unqualified advocate struck out
Orders
- All filings by Changaya Kennedy Wesa in 2017, 2018, 2019, and 2020 are struck out.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT KAKAMEGA
SUCCESSION CAUSE NO. 118 OF 2015
IN THE MATTER OF THE ESTATE OF DISMAS KUNYA FIBANDA (DECEASED)
RULING
1. I am determining a preliminary objection, dated 2nd January 2021, raised with respect to the status of Changaya Kennedy Wesa, to appear in this matter as Advocate for one of the parties. It is argued that he has not taken out a practicing certificate for a long time.
2. An extract, from records held at the Law Society of Kenya, shows that that he has been inactive in 2017, 2018, 2019 and 2020, and that he had earned no Continuous Professional Development (CPD) points for each of those years.
3. The preliminary objection was argued on 15th June 2021.
4. This is fairly straightforward. The record is clear that Mr. Wesa has not taken out practicing certificates since 2017. Hence, he is described as inactive for all those years. Without a practicing certificate, an Advocate is not qualified to act as such. Since there is lack of qualification, any documents filed by such an Advocate would be incompetent. Consequently, if Mr. Wesa filed any papers herein in 2017 to 2020, both dates inclusive, then such filings are incompetent, null and void, for they were filed by an unqualified person, within the meaning of sections 9, 31 and 34 of the Advocates Act, Cap 16, Laws of Kenya.
5. I hereby uphold the preliminary objection, dated 2nd January 2021. All the filings by Mr. Wesa, in this matter, in 2017, 2018, 2019 and 2020, are accordingly struck out.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGATHIS10TH DAY OF DECEMBER, 2021
W MUSYOKA
JUDGE