Islam v Asa International (Kenya) Limited (Cause E506 of 2024) [2025] KEELRC 2586 (KLR)
The bottom line
#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
#Executive summary
#Key legal issues
#Jurisdiction of the ELRC over an employment relationship allegedly governed by a Bangladeshi contract
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
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.
Locus standi of the Claimant to sue the Respondent
Rejected; the letters of appointment by the Respondent establish a direct employment relationship
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.
Legal principles established
#- Where an employment relationship is effected and executed in Kenya, the ELRC has jurisdiction notwithstanding the alleged foreign origin of the contract
Court orders
#- 1.The Notice of Motion dated 27th August 2024 is dismissed with costs to the Claimant
- 2.The suit shall be fast tracked and set down for hearing
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.