The Employment and Labour Relations Court in Nairobi, on Tuesday, October 14, 2025, ordered J.A.B. Orengo Advocates to compensate a former associate advocate, Paul Kahangara, with Ksh560,000 for wrongful dismissal. The court found that the firm's failure to pay Kahangara's salary for three months constituted a fundamental breach of contract, leading to his constructive dismissal.

Justice Linnet Ndolo, in her ruling, stated that by failing to pay the claimant's salary as it fell due, the respondent breached a fundamental term of the employment contract, entitling the advocate to deem himself constructively discharged. Constructive dismissal occurs when an employer's actions create intolerable working conditions, forcing an employee to resign, which is then legally considered a termination.

Background of the Case

Paul Kahangara joined J.A.B. Orengo Advocates in January 2023 as an Associate-Advocate, with an agreed monthly salary of Ksh80,000. According to court documents, he diligently performed his duties but did not receive his salary for February and March 2023, while his colleagues were paid on time. After repeated unsuccessful attempts to secure his wages, Kahangara resigned on April 20, 2023, citing financial strain.

In his resignation letter, Kahangara stated, "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 subsequently sued the firm, seeking Ksh1.3 million in compensation, including unpaid salaries, unlawful termination, payment in lieu of notice, and house allowance.

Court's Findings and Legal Context

J.A.B. Orengo Advocates, associated with Siaya Governor James Orengo, admitted to employing Kahangara but claimed he never reported for duty. However, Justice Ndolo dismissed this defence, finding it unsupported by evidence. The court emphasized that if an employee fails to report to work, the employer should issue a show-cause letter for potential revocation of appointment, rather than silently withholding pay.

Under Kenyan labour laws, employers are required to pay employees at least once a month. The Employment Act, 2007, provides a framework for worker protections, including those related to employment contracts and wages. The judgment reinforces that withholding salaries constitutes a fundamental breach of employment contracts, justifying an employee's claim of wrongful termination through constructive dismissal.

Implications for Employers and Employees

This ruling serves as a crucial reminder to employers in Kenya regarding their obligations to pay salaries promptly and the severe legal consequences of failing to do so. It underscores the principle that employees should not be forced to endure intolerable working conditions, such as persistent non-payment of wages, and have legal recourse for constructive dismissal. The case highlights the importance of adhering to employment contracts and the provisions of the Employment Act, 2007.

For legal professionals, the case also sheds light on the expected remuneration for advocates in Kenya. While salaries vary based on experience and specialization, an entry-level associate advocate typically earns between Ksh60,000 and Ksh90,000 per month in the private sector. The Law Society of Kenya (LSK) provides guidelines and maintains a roll of practicing lawyers, which can be used to verify credentials and professional standing.

Unanswered Questions and Next Steps

While the court awarded Ksh560,000, Kahangara had initially sought Ksh1.3 million. His claim for house allowance was disallowed due to lack of proof. It remains to be seen whether J.A.B. Orengo Advocates will appeal the court's decision. This case also brings to light previous instances of alleged unpaid salaries at the firm, including a 2018 case where a former clerk sued for 17 months of unpaid wages.

What to Watch

The legal community and employees across Kenya will be watching for any further developments in this case, particularly regarding the enforcement of the judgment and any potential appeals. This ruling could set a precedent for similar cases of constructive dismissal arising from unpaid wages, further solidifying employee protections under Kenyan labour law.