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ELRCDismissedNot stated in judgment· [2025] KEELRC 2586 (KLR)

Islam v Asa International (Kenya) Limited (Cause E506 of 2024) [2025] KEELRC 2586 (KLR)

Employment and Labour Relations Court
26 September 2025
943 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Employment Court ruled it can hear a worker's case even if the contract looks foreign, because the job was actually done in Kenya.

What this practically means

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Executive summary

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The Respondent, ASA Limited Kenya, brought a Notice of Motion dated 27th August 2024 under Sections 1A, 1B and 3A of the Civil Procedure Act, Section 89 of the Employment Act and Rule 13(5) of the ELRC (Procedure) Rules, seeking a declaration that the Court lacks jurisdiction on the ground that the subject contract is Bangladeshi, and that the Claimant lacks locus standi to sue. A contemporaneous Preliminary Objection raising the same grounds was treated as subsumed in the application. The Respondent, through its Legal Manager Emanuel Bara, deponed that the Claimant was deployed to it by ASA Bangladesh Technical Service Provider (later ASAI Management Services Ltd), which was to settle his consultance fees, and that the Respondent paid him on behalf of the parent company; it asserted the Claimant was estopped from alleging employment. The Claimant opposed with a replying affidavit annexing a letter of appointment dated 25th February 2014 on the Respondent's letterhead, appointing him Training cum Branch Manager at USD 750 per month, duty station Nairobi, reporting to the Respondent's Country Director, and a further letter of 23rd December 2015 designating him Training cum Regional Manager, Machakos Region. The Court held the employment was effected and executed in Kenya, so it had jurisdiction and the Claimant had locus standi. The application was dismissed with costs to the Claimant and the suit fast-tracked for hearing.

Key legal issues

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01

Jurisdiction of the ELRC over an employment relationship allegedly governed by a Bangladeshi contract

Holding

The Court has jurisdiction because the Claimant was employed by the Respondent in Kenya, with appointment letters issued by the Respondent on its Nairobi letterhead

Reasoning

The Respondent is licensed to operate in Kenya and seconded staff through its affiliates. The letter of appointment dated 25th February 2014 was on the Respondent's letterhead, offered a duty station in Nairobi, salary in USD, and reported to the Respondent's Country Director. A later letter designated the Claimant Training cum Regional Manager in Machakos. The employment was therefore effected and executed in Kenya, conferring jurisdiction on the ELRC.

p. 3
02

Locus standi of the Claimant to sue the Respondent

Holding

Rejected; the letters of appointment by the Respondent establish a direct employment relationship

Reasoning

The Respondent argued the Claimant was deployed by ASA Bangladesh Technical Service Provider and paid on behalf of the parent company, estopping him from claiming employment. The Court found the appointment letters, issued by the Respondent itself and designating the Claimant to roles within the Respondent's Kenyan operations, demonstrated a direct employment relationship, negating the locus standi objection.

p. 3

Legal principles established

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  • Where an employment relationship is effected and executed in Kenya, the ELRC has jurisdiction notwithstanding the alleged foreign origin of the contract

Court orders

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  1. 1.The Notice of Motion dated 27th August 2024 is dismissed with costs to the Claimant
  2. 2.The suit shall be fast tracked and set down for hearing

Authorities

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Legislation

  • Civil Procedure ActSections 1A, 1B, 3A
  • Employment ActSection 89
  • Employment and Labour Relations Court (Procedure) RulesRule 13(5)
Jurisdiction invoked
Sections 1A, 1B and 3A of the Civil Procedure Act, Section 89 of the Employment Act and Rule 13(5) of the Employment and Labour Relations Court (Procedure) Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Islam v Asa International (Kenya) Limited (Cause E506 of 2024) [2025] KEELRC 2586 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2586/eng@2025-09-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.