Protection & Confidentiality

Non-Compete Agreement -- Employment

A Non-Compete Agreement for employment prevents employees from working for competitors or starting a competing business after leaving. Compliant with Kenyan employment law.

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What this document covers

Employer and employee details
Restricted activities and competing businesses
Geographic scope of restriction
Duration of restriction after employment ends
Carve-outs for permitted activities
Garden leave provisions if applicable
Consequences of breach
Governing law clause

Frequently Asked Questions

Are non-compete clauses enforceable in Kenya?
Kenyan courts take a restrictive approach. A non-compete will only be enforced if it protects a legitimate business interest (e.g. trade secrets, client relationships), is reasonable in geographic scope, duration, and activity restricted, and does not unfairly prevent the employee from earning a living. Courts have struck down overly broad clauses.
How long can a post-employment non-compete last in Kenya?
There is no statutory maximum, but courts typically consider 6–12 months reasonable for most roles. Longer periods (up to 2 years) may be justified for senior executives with access to sensitive strategic information, but must be proportionate.
Are non-compete clauses enforceable in common law countries?
Common law courts across the UK, Australia, and other jurisdictions apply a 'reasonableness' test. The clause must be no wider than necessary to protect a legitimate interest. Courts will sever unreasonable parts rather than enforce them wholesale in some jurisdictions (UK, Australia) — so a well-drafted clause is essential.