In a recent development, the Central Organization of Trade Unions Kenya (COTU) and the Kenya University Student Association (KUSO) have come forward to support Brian Mwenda, who faced criticism from the Law Society of Kenya (LSK) for presenting himself as an Advocate of the High Court of Kenya.
COTU Secretary General Francis Atwoli defended Mwenda’s case by referring to the Principle of Prior Learning (RPL), which recognizes skills and knowledge acquired through non-traditional learning paths. Atwoli argued that Mwenda, who had been practicing law and representing clients effectively, should be given a fair and transparent examination to assess his skills and competencies.
Atwoli stated, “The Central Organization of Trade Unions (Kenya), COTU (K), wishes to express its strong support for Brian Mwenda Njagi, a young and talented Kenyan who has recently faced condemnation for practicing law without traditional law qualifications.” He further expressed COTU’s willingness to assist Mwenda in achieving his dreams.
Atwoli also mentioned the existence of professionals from various sectors who practice without formal qualifications. He cautioned against making Mwenda a scapegoat and did not disclose the identities of these professionals.
Additionally, Atwoli highlighted the introduction of a bill in Parliament on October 6, which aims to allow individuals with informal knowledge and skills to apply for formal certificates. The Technical & Vocational Education and Training Bill, 2023, would enable informal learners to obtain certificates in the TVET sub-sector, pending discussion in Parliament.
On the other hand, the Kenya University Student Association (KUSO) revealed that Brian Mwenda is a second-year student at Chuka University, studying Criminology. They acknowledged that Mwenda had successfully represented numerous clients, even in high-profile televised cases, and won 56 court cases without a law degree or an LSK certificate.
KUSO supported Mwenda, stating, “Well done Brian! They said you’re not a member of LSK. Well, you’re a member of KUSO, and we recognize your legal knowledge.” They expressed opposition to the Law Society of Kenya Nairobi Branch’s disownment of Mwenda.
The support for Brian Mwenda from COTU and KUSO raises questions about the recognition of non-traditional learning paths and qualifications, sparking a wider debate on the value of formal credentials in various professions.
