The Central Organization of Trade Unions Kenya (COTU) has defended Brian Mwendwa, who was exposed by the Law Society of Kenya (LSK) for masquerading as an Advocate of the High Court of Kenya.
On Friday, COTU Secretary General Francis Atwoli cited the Principle of Prior Learning (RPL), "which acknowledges and values the knowledge, skills, and competencies individuals have acquired through non-traditional learning paths."
He argued that Mwenda, who has been practising law and successfully representing clients, should be accorded a fair and transparent examination to test his skills and competencies.
"The Central Organization of Trade Unions (Kenya), COTU (K), wishes to express its strong support for Brian Mwenda Njagi, a young and brilliant Kenyan who has recently faced condemnation for practising law without traditional law qualifications," Atwoli stated.
"COTU (K) would like to inform Brian Njagi that we are available and ready to support him to ensure his dreams are actualised," the labour leader defended Mwenda, whose story elicited mixed reactions countrywide.
In his statement, Atwoli alleged that he was aware of professionals from various sectors who were practising without requisite papers. Mwenda, he thus warned, should not be sacrificed or used as a scapegoat.
Nevertheless, he did not reveal whether he would disclose the identities of the accused professionals.
"As a seasoned labour leader, I can speak authoritatively that Brian’s case is not unique. I know of many great engineers, accountants, teachers, IT experts, cybersecurity experts, social workers, creatives, footballers, farmers, immigrants, plumbers, carpenters, and paramedics who are specialists in their areas of interest yet without any paper to show their qualifications.
"While some of them persevere the pains of being in a classroom to be taught what they already know, the majority don’t and thus end up being discriminated against," he warned.
In line with the Principle of Prior Learning (RPL), Atwoli cited in his defence of Mwenda, a bill presented in Parliament on October 6, seeks to allow Kenyans who acquire knowledge and skills informally to apply for formal certificates.
The Technical & Vocational Education and Training Bill, 2023 will enable informal learners with valuable skills to acquire certificates in the TVET sub-sector. The National Assembly Budget and Appropriations Committee approved the bill pending discussion in Parliament.
Conversely, the Kenya University Student Association (KUSO) established that Mwenda is a second-year student from Chuka University pursuing Criminology.
It added that the accused represented many clients, including even in high-profile televised proceedings and allegedly won 56 court cases without a law degree or an LSK certificate.
“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,” KUSO defended the accused.
“Poverty is the common enemy,” said KUSA, while opposing the Law Society of Kenya Nairobi Branch which disowned and dissociated itself from Mwenda.
