Scrapping Non-Compete Clauses for a Stronger Economy

Njeri Wagacha, Partner in the Corporate & Commercial practice in Kenya, was recently featured in Business Daily, where she discussed her perspective on "Scrapping Non-Compete Clauses for a Stronger Economy."

6 Nov 2024 1 min read Article

Njeri explains that non-compete clauses have long been embedded in the job market, originally designed to protect employer interests. However, they often prevent employees from pursuing better opportunities within their industries.

While these clauses have been widely accepted, Njeri highlights that recent developments in the UK, US, and other regions are prompting a shift toward less restrictive economic models. This shift, she notes, is also influencing employment practices across Africa.

In East Africa, the regulation of non-compete clauses is still emerging. Kenya, the only country in the region with specific legislation on these clauses, applies a "reasonableness test" in courts to determine enforceability, reflecting a trend toward more balanced employment terms.

Read the article below. 

Njeri Wagacha - Scrapping Non-Compete Clauses for a Stronger Economy - Business Daily - 31 Oct 2024 

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