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

a. that the Respondent is a credit company duly licenced to provide credit services in Kenya, and that in its ordinary course of business, the Respondent leverages from international expertise, including from its international afiliates who from time to time second their stafi to the Respondent/Applicant. b. that vide a letter dated 13th February, 2013, the Claimant was deployed to the Respondent/ Applicant by ASA Bangladesh Technical Service Provider (ASAI TSP), which was to later change to ASAI Management Services Ltd (AMSL); and which was to settle the Claimant’s consultance fees. That the Claimant was advised as much. c. that in line with the deployment, and as agreed between the parent company and the Respondent, the Respondent/Applicant was to pay the Claimant on behalf of the parent company. d. that during the period of the Claimant’s deployment with the Respondent/Applicant, several issues regarding performance were raised, and on behalf of the parent company, a disciplinary process was conducted, and the Claimant’s deployment as cancelled. e. that the Claimant is estopped by conduct and law from alleging to have been the Respondent/ Applicant’s employee; and has no locus to institute legal proceedings against the Respondent/ Applicant. 3. Documents annexed to the said supporting afidavit include a letter by ASA International dated 13th February, 2014 deploying the Claimant to ASA Limited Kenya from 16th March, 2014 as a Team leader, among other documents. 4. The application was filed contemporaneously with a Notice of Preliminary Objection which raised the same grounds as the application. On 12th March, 2025, Counsel for the Respondent/Applicant told the Court that the Respondent/Applicant would only prosecute the application herein, and that the Preliminary Objection should be treated as having been subsumed in the application. 5. The application is opposed by the Claimant vide a replying afidavit sworn by himself on 26th February, 2025. Documents annexed to the said replying afidavit include a letter by the Respondent, ASA Limited Kenya, to the Claimant dated 25th February, 2014, which states as follows:“ I am pleased to inform you that ASA Limited Kenya (“the company”) Management has decided to appoint you as “Training cum Branch Manager” of the Company with efiect from 15th March, 2014. The terms and conditions of this appointment will be as follows:1. You will get consolidated amount of USD 750 (Seven hundred and Fifty United States Dollars only) per month as salary and allowances. 2. You will be responsible to pay your tax against salary and allowances as per laws of Kenya. 3. Your duty station will be in Nairobi, Kenya, but transferable to any part of the country whenever the management feels necessary. 4. It is to mention, termination or resignation will be executed subject to at least three (Three) month prior notice by both parties. 5. Your key job responsibilities will be as mentioned in the attached job description. https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2586/eng@2025-09-26 2

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6. You will be reportable to the Country Director of ASA Limited Kenya for your duties. ASA Kenya Limited wishes you success in the new career and desires your strong efiort and pleasant co-operation. Thanking you, signed Mohamud Mishu Mahmud Country Director.” 6. The aforestated letter of appointment is on the Respondent/Applicant’s letterhead, and the Respondent’s physical and postal address is shown to be/to have been in Nairobi. Also annexed to the replying afidavit is the Respondent/Applicant’s letter to the Claimant dated 23rd December 2015 designating the Claimant as the Respondent’s “Training cum Regional Manager in Machakos Region” efiective 1st January, 2016. 7. In view of the foregoing, it cannot be said that this Court has no jurisdiction to hear and to determine the suit herein, which is shown to relate to matters arising from the Claimant’s employment by the Respondent in Kenya. It has been deponed on behalf of the Respondent/Applicant that the Respondent “is licenced to provide credit services in Kenya.” The Claimant’s employment by the Respondent was efiected and executed in Kenya. Having considered written submissions filed on behalf of both parties, I find no merit in the Notice of Motion dated 27th August, 2024, and the same is hereby dismissed with costs to the Claimant. 8. The suit herein shall be fast tracked, and shall be set down for hearing. 9. Orders accordingly. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 26TH DAY OF SEPTEMBER 2025 AGNES KITIKU NZEI JUDGE ORDER This Ruling has been delivered via Microsoft Teams Online Platform. A signed copy will be availed to each party upon payment of the applicable Court fees. AGNES KITIKU NZEI JUDGE Appearance: Mr. Wangai for the Claimant Mr. Lutukai for the Respondent https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2586/eng@2025-09-26 3

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