Protection & Confidentiality

Non-Disclosure Agreement (NDA)

A Non-Disclosure Agreement (NDA) protects confidential information shared between parties. Essential before sharing business ideas, financial information, or proprietary processes.

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What this document covers

Disclosing and receiving party details
Definition of confidential information
Permitted use
Exclusions from confidentiality
Duration of obligations
Return or destruction of information
Remedies for breach
Governing law clause

Frequently Asked Questions

Is an NDA enforceable in Kenya?
Yes. Non-disclosure agreements are enforceable under the Law of Contract Act (Cap. 23) where they protect a legitimate business interest, the information qualifies as confidential, and the restrictions are reasonable in scope and duration.
What remedies are available if someone breaches an NDA in Kenya?
You can seek: (1) an injunction to stop further disclosure, (2) damages for losses caused by the breach, and (3) in some cases, an account of profits if the breaching party benefited from the disclosure. An injunction is often the most valuable remedy as it prevents ongoing harm.
Is an NDA enforceable internationally?
Yes. NDAs are enforceable in all common law jurisdictions. For cross-border NDAs, specify the governing law and jurisdiction. Courts in the UK, Australia, India, Kenya, and Nigeria have all upheld well-drafted NDAs protecting genuine confidential information.