Is a non-compete clause in a job contract enforceable?
Contracts in Restraint of Trade Act · sources read 5 Oct 2026
A clause that stops you from working in a lawful profession, trade, business or occupation is not void just because it is in your contract. But a court can declare it void if, looking at the kind of work, how long and over what area it applies, and all the circumstances, it is unreasonable: it gives the employer more than adequate protection, or it harms the public interest. The clause is void outright if your employer ended your job in breach of your contract.
- Where
- A court, if the clause is disputed
Steps
- Read the clause: note what work it bans, for how long, and over what area.
- If the clause is disputed, a court decides whether it is reasonable, looking at the nature of the work, the period and area it covers, and all the circumstances.
- If your employer ended your job in breach of your contract, the restraint clause is void, whatever its terms.
Watch out
- Reasonableness is judged two ways: whether the clause protects the employer more than is adequate for what it is entitled to protect, and whether it harms the public interest.
- If the person who signed was a minor, the court also considers whether signing was for their benefit.
- The clause is not void automatically; until a court declares it void it remains part of the contract.
Who this covers
- Applies to any agreement or contract with a clause restraining a party from a lawful profession, trade, business or occupation, including job contracts.
Official sources (1)
- Contracts in Restraint of Trade Act (Cap. 24), Revised Edition 1981 (1962) new.kenyalaw.org · read 5 Oct 2026