The case was filed by a young advocate who had worked at J.A.B. Orengo Advocates for three months without receiving any salary.
After several unfulfilled promises, he resigned in frustration, prompting him to take legal action for what he described as constructive dismissal.
Justice Linnet Ndolo of the Employment and Labour Relations Court found that the law firm had breached a fundamental term of the employment contract by failing to pay the employee for three consecutive months.
The judge ruled that the firm’s actions left the advocate with no option but to resign, effectively amounting to forced termination.
“By failing to pay the claimant’s salary as it fell due, the respondent breached a fundamental term of the contract, and the claimant was justified to deem himself as constructively discharged,” Justice Ndolo stated.
Court documents revealed that the claimant joined the firm in January 2023, earning a monthly salary of Ksh80,000.
However, he claimed that despite working diligently, he was never paid for February and March, while other colleagues received their salaries.
In his resignation letter dated April 20, 2023, he expressed disappointment over the nonpayment, saying he could no longer continue serving under such conditions.
In defense, Orengo’s firm admitted hiring the advocate but argued that he never reported for duty — a claim the court dismissed due to lack of supporting evidence.
The court awarded the complainant Ksh560,000, including salary arrears, payment in lieu of notice, and compensation for unfair termination.
Sources close to the case reported that Orengo appeared visibly shaken after the verdict was delivered, reflecting on the judgment that turned the spotlight on his firm’s internal management practices.
Investigations into how the salary issue escalated to court are ongoing.
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