A Nairobi Employment and Labour Relations Court has ordered J.A.B. Orengo Advocates, a law firm associated with Siaya Governor James Orengo, to pay Sh560,000 to a former associate whom the court found had been “constructively dismissed.”
Failure to Pay Salary Deemed Breach
The ruling came after Advocate Paul Kahangara, who joined the firm in January 2023 under a monthly salary of Sh80,000, claimed he was never paid for February and March despite fulfilling his duties. He tendered his resignation on April 20, 2023, citing unbearable financial strain, after repeated attempts to secure his unpaid wages.
Justice Linnet Ndolo held that by failing to honour the salary obligations, the firm breached a fundamental term of the employment contract. She concluded that Kahangara was entitled to treat himself as constructively dismissed, since he had no option but to resign in the face of the firm’s non-performance.
Firm’s Defence Rejected
In its defence, J.A.B. Orengo Advocates admitted issuing an appointment letter to Kahangara but claimed he never reported for duty. The court dismissed this argument, noting that if the firm believed he had failed to report, it should have issued a formal show cause or revocation letter—rather than simply withholding pay.
Justice Ndolo further explained that constructive dismissal arises when an employer’s conduct is so serious as to undermine the employment relationship, leaving the employee with no realistic choice but to resign.
Breakdown of Award
The Sh560,000 award includes:
Three months’ salary (February to April 2023): Sh240,000
Arrears for three months: Sh240,000
One month’s salary in lieu of notice: Sh80,000
Interest and legal costs
A claim for house allowance was dismissed for lack of proof
Past Allegations at the Firm
This is not the first time J.A.B. Orengo Advocates has faced criticism over unpaid remuneration. In 2018, a former clerk, Gilbert Ogango, sued the firm for not paying salary over a 17-month period.
James Orengo, a senior counsel and human rights advocate, has served as Siaya Governor since 2022. He is also a seasoned politician, having represented Ugenya Constituency in Parliament and later served as Senator.
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