In recent days, Kenyans have been confronted with a troubling case, that of Brian Njagi Mwenda, who is suspected to have been practising law without a licence under a stolen identity. While the matter is now before the courts, what's concerning is the public’s fragmented response on this matter.
Some people have called for Brian’s prosecution, but a disconcerting number cheer him on, drawing comparisons to the fictional character Mike Ross from the popular American TV series, Suits. This peculiar reaction suggests a worrying trend—the diminishing value of professional training in our society.
Mwenda's case is not an isolated incident; it's one of the latest in a series of cases within the legal fraternity. The Law Society of Kenya has been uncovering more fake lawyers even after Brian's case. What's crucial to understand about this situation is the role of a lawyer in our legal system.
Lawyers are more than courtroom warriors; they are the custodians of our legal and justice system, bound by professional and ethical obligations. These obligations serve as guardrails, ensuring lawyers uphold ethical standards while pursuing their clients’ interests.
Of course, there are genuine concerns about the cost of legal education in our country, opening the door for quacks to practice law without being part of a bar association which jeopardises the entire justice system. Qualified lawyers not only provide a sense of confidence in whatever outcomes, but also guarantee professional oversight in cases of malpractice.
Imagine being swindled by someone posing as a lawyer, only to find out they are not admitted to practise law. There would be limited recourse without professional oversight, because other legal remedies are often inadequate to rectify the damage caused by quacks.
Moreover, the unsettling support Mwenda has received from political circles is a glaring red flag. It should remind us that politicians might find it advantageous to align themselves with unscrupulous individuals who have little or nothing to lose while advancing politicians’ own interests.
An independent bar association acts as a safeguard, protecting the legal profession from being exploited for questionable political or personal gains. An independent and robust professional oversight agency, such as the LSK, is vital to prevent the erosion of professional standards and safeguard our legal system from potential exploitation.
It’s time we united against incompetence, ensuring that professionals in all fields, not just lawyers, uphold their responsibilities for the sake of justice and the well-being of the people.
And as we grapple with the issue of quacks, LSK must now, more than ever before, demonstrate unwavering commitment, not only in exposing quacks but also in disciplining qualified lawyers who compromise their professional and ethical standards. Without stringent enforcement of professional conduct, the profession risks losing its moral compass and the trust of the very people it serves.
Samuel Kyalo is an advocate of the High Court of Kenya and a Lecturer at Riara Law School