All templatesNON-COMPETE AND NON-SOLICITATION AGREEMENT
THIS AGREEMENT is made on 1 October 2026.
BETWEEN:
(1) BAOBAB LOGISTICS LIMITED (the Employer); and
(2) ESTHER NYAMBURA KAMAU (the Restricted Party).
RECITALS
(A) The Restricted Party is employed or engaged by the Employer.
(B) The Restricted Party has agreed, for the consideration stated, to the restrictions in this Agreement.
IT IS AGREED as follows:
1. Definitions
1.1 In this Agreement, unless the context otherwise requires:
(a) Business means the business carried on by the Employer at the Termination Date.
(b) Restricted Period means the period of 6 months beginning on the Termination Date.
(c) Termination Date means the date on which the Restricted Party's employment or engagement with the Employer ends, for whatever reason.
(d) Territory means Nairobi County and its environs.
2. Consideration
2.1 In consideration of the restrictions in this Agreement, the Employer shall pay the Restricted Party the sum of Kenya Shillings Three Hundred Thousand (KES 300,000) on the signing of this Agreement.
2.2 The Restricted Party acknowledges that the sum stated in clause 2.1 is good and sufficient consideration for the restrictions in this Agreement.
3. Restrictions
3.1 The restrictions in this Agreement are: non-compete and non-solicitation of clients and staff.
3.2 The Restricted Party shall not, during the Restricted Period, do any of the following, whether directly or indirectly:
(a) carry on or be engaged, concerned or interested in any business in the Territory that competes with the Business;
(b) solicit or deal with any person who was a client of the Employer in the twelve months before the Termination Date and with whom the Restricted Party dealt;
(c) solicit or employ any person who was an employee of the Employer at the Termination Date and with whom the Restricted Party worked.
3.3 The duration of each restriction in this Agreement is the Restricted Period, being 6 months.
3.4 The geographic scope of each restriction in this Agreement is the Territory.
4. Reasonableness and Severability
4.1 The Restricted Party's role with the Employer is senior/executive, and in that role the Restricted Party has access to the Employer's confidential information and client connections.
Work and employment
Non-compete and non-solicitation terms template (Kenya)
Also called: Non-Compete & Non-Solicitation Clauses
What it is for
Stopping a departing employee or partner from taking clients or staff.
The Kenyan law it follows
- Law of Contract Act Cap 23 — restraint of trade reasonableness
Who prepares it
You can prepare this yourself. It is still wise to have an advocate read it before you sign, especially where a lot of money or a long commitment is involved.
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Sample non-compete and non-solicitation terms
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