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Protection & Confidentiality

Non-Compete Agreement

A Non-Compete Agreement prevents a party from competing with your business for a specified period and area. Protects your market position and client relationships after a working relationship ends.

This template is a professionally drafted legal document. It does not constitute legal advice. LegalEase accepts no liability beyond the cost of the document purchased. For complex transactions, we recommend review by a qualified legal practitioner.
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What this document covers

Both parties' details
Restricted activities and competing businesses
Geographic scope of restriction
Duration of restriction
Legitimate business interest being protected
Carve-outs for permitted activities
Consequences of breach
Governing law clause

Frequently Asked Questions

Are non-compete agreements enforceable in Kenya?
Kenyan courts will enforce a non-compete only if it is reasonable — protecting a legitimate business interest, limited in geographic scope, limited in duration, and proportionate to the relationship (employment, partnership, business sale). Overly broad clauses are regularly struck down.
How long can a non-compete last in Kenya?
For employment non-competes, 6–12 months is typically considered reasonable. For commercial non-competes agreed as part of a business sale, longer periods (up to 3 years) may be justified. The court looks at what is genuinely necessary to protect the interest at stake.
Is a non-compete valid in common law countries?
Common law courts apply a 'reasonableness' test: the restriction must go no further than necessary to protect a legitimate interest. Courts in the UK, Australia, and Kenya have all struck down clauses that were too wide in scope, geography, or duration.