Court Fines Orengo’s Law Firm For Wrongful Dismissal of Lawyer

A law firm associated with Siaya Governor James Orengo has been ordered to pay Sh560,000 to a former employee who was forced to quit after going two months without salary.

The Employment and Labour Relations Court in Nairobi ruled that advocate Paul Kahangara was constructively dismissed from J.A.B Orengo Advocates after the firm failed to pay his wages despite him showing up for work.

Justice Linnet Ndolo said the law firm’s failure to pay salaries amounted to a fundamental breach of the employment contract, leaving Kahangara with no choice but to resign.

“By failing to pay the claimant’s salary as it fell due, the respondent breached a fundamental term of the employment contract and the claimant was entitled to deem himself as constructively discharged,” the judge stated in her ruling delivered on Tuesday.

Kahangara joined the law firm in January 2023 as an Associate-Advocate earning Sh80,000 monthly. Court documents show he diligently performed his duties but never received his February and March 2023 salaries, even as his colleagues were paid on time.

After repeated unsuccessful attempts to get his money, the lawyer resigned on April 20, 2023, citing financial strain.

“I have been discharging my professional duties faithfully yet no explanation has been given regarding the persistent failure to pay my salary. I am unable to continue offering my services,” he wrote in his resignation letter.

He then sued the firm, claiming constructive dismissal and seeking Sh1.3 million in compensation, including unpaid salaries, compensation for unlawful termination, payment in lieu of notice and house allowance.

The law firm admitted issuing Kahangara with an appointment letter but claimed he never reported for duty. Justice Ndolo dismissed this defence as unsupported by evidence.

“If indeed the claimant had failed to report to work, the respondent ought to have issued him with a show cause letter as to why the appointment should not be revoked,” she said.

The judge explained that constructive dismissal occurs when an employer’s conduct is so grave that it breaches the employment contract, leaving the employee no real choice but to resign.

She found that withholding salaries violated Kahangara’s contract and constituted a repudiatory breach that justified his resignation. The firm also failed to provide evidence that the lawyer had skipped work as alleged.

The court flagged procedural failures by the employer, stating that if the employee truly had not reported to work, the firm should have formally revoked his appointment rather than silently withholding pay.

The compensation award comprises three months’ salary totalling Sh240,000 for February to April 2023, another Sh240,000 in salary arrears for three months, and Sh80,000 representing one month’s salary in lieu of notice, plus interest and legal costs.

Kahangara’s claim for house allowance was disallowed for lack of proof.

The judgment reinforces that salary withholding amounts to constructive dismissal, with the court holding that non-payment breaches employment contracts and permits staff to claim wrongful termination. It also highlighted that employers must substantiate claims of employee misconduct with evidence.

This is not the first case of unpaid salaries at the firm. In 2018, Gilbert Ogango, a former clerk at JAB Orengo Advocates, sued the firm claiming he was not paid salary for 17 months.

Orengo, a senior counsel and human rights activist, has been Siaya Governor since 2022. He is one of Kenya’s most prominent lawyers and previously served as a long-serving Member of Parliament for Ugenya Constituency and as a Senator.