Its difficult to carry out such a clause in a court of law, if as an employer you want to prevent someone from working for a competitor then you have to be willing to show how you will compensate them for that loyalty . the law is usually fair to both parties and barring a person from joining a competitor needs a great deal of compensation which may not be worth it. 

Plus if what you are afraid of is Intellectual property flying to your competition then you need to protect it at IP level. 


On Tue, Nov 30, 2010 at 4:27 PM, Gituma Nturibi <gnturibi@gmail.com> wrote:
interesting the judge's ruling. IMHO Kenya is very much an employers
market probably due to the huge skilled workforce so they can afford
to pull stunts like preventing you moving to a company of your choice.
If they want to get return on training you, fine they can bond you but
dictating your options after is too much.

On 11/30/10, Anthony Lenya <tlensya@gmail.com> wrote:
> Hi all,
>
> I have been wondering if there is a basis in law preventing someone
> from changing jobs to join a competitor (a similar business). I know
> most organizations have a clause in their employment contract
> preventing an employee for working for a similar business for a
> certain duration of time. But I see it happening in the media industry
> and Telcos all the time. Also, I remember sometime back a judge
> throwing out such a case (a media house against some employee) on the
> basis that the employer could not deny a person the use his skills to
> earn a living.
>
> Any skunks out there who are familiar with the law, please shed some light.
>
> Regards,
>
> Lenya
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