In its defence, Orengo’s firm admitted issuing Kahangara with an appointment letter but claimed that he never fulfilled the role of Associate Advocate as required under the contract. The firm further argued that Kahangara’s resignation confirmed his lack of intention to continue working
By TWV Team
The Employment and Labour Relations Court has ordered the law firm of Siaya Governor James Orengo to compensate a former associate advocate, Paul Kahangara, after ruling that his employment contract was unjustly and unlawfully terminated.
In a judgment delivered on 9th October 2025 by Justice Linnet Ndolo, the court found that James Aggrey Orengo Bob Orengo, trading as J.A.B Orengo Advocates, had violated the terms of Kahangara’s employment contract by failing to pay his salary for three consecutive months.
Kahangara was employed as an Associate Advocate at J.A.B. Orengo Advocates on 25th January 2023, with a monthly salary of Ksh 80,000, subject to review after six months. He reported for duty the following day and performed his duties “with fidelity and diligence”, according to court records.
However, despite discharging his responsibilities, the firm allegedly failed to pay his salary for three months, January, February, and March 2023, without offering any explanation. Kahangara told the court that while all other employees were paid on time, he received nothing, making his position untenable and forcing him to resign on 20th April 2023.
He argued that his resignation was not voluntary but a result of constructive dismissal, as the firm’s deliberate failure to pay him breached a fundamental term of his employment.
In its defence, Orengo’s firm admitted issuing Kahangara with an appointment letter but claimed that he never fulfilled the role of Associate Advocate as required under the contract. The firm further argued that Kahangara’s resignation confirmed his lack of intention to continue working.
Justice Ndolo dismissed the firm’s claims, ruling that the non-payment of salary constituted a serious contractual breach. “By neglecting to pay the claimant’s salary when it was due, the respondent violated a fundamental provision of the employment contract, thereby allowing the claimant to consider himself constructively discharged,” the judge stated.
The court consequently ordered the law firm to pay Kahangara a total of Ksh 560,000, broken down as follows:
- Three months’ salary in compensation: Ksh 240,000
- One month’s salary in lieu of notice: Ksh 80,000
- Salary arrears for three months: Ksh 240,000
- The total award amounts to Ksh 560,000.
The ruling serves as a reminder to employers, including law firms, of the legal obligation to honour employment contracts and the risks associated with neglecting staff remuneration.
