Trade Secrets Law in Kenya
Trade Secrets Law in Kenya
🇰🇪 Legal Framework
Kenya does not have a specific standalone law dedicated solely to trade secrets. Instead, protection of trade secrets is provided through a combination of:
Common law principles of confidentiality and breach of confidence;
Contract law, including confidentiality and non-disclosure agreements (NDAs);
Unfair competition laws;
Employment law, imposing duties of loyalty and confidentiality on employees;
Relevant criminal laws covering theft, fraud, and industrial espionage.
Kenya is a member of the World Trade Organization (WTO) and is bound by the TRIPS Agreement, which requires member countries to protect undisclosed information (trade secrets).
🔐 Definition and Protection
Kenyan law does not define trade secrets explicitly, but protection generally covers information that:
Is confidential and not publicly known;
Has commercial value due to its secrecy;
Is subject to reasonable efforts to maintain confidentiality;
Is protected against unauthorized acquisition, use, or disclosure.
⚖️ Remedies and Enforcement
If trade secrets are misappropriated, remedies may include:
Injunctions to prevent further unauthorized use or disclosure;
Damages for losses suffered due to misappropriation;
Account of profits gained by the wrongful party;
Criminal prosecution in cases involving theft or industrial espionage.
Enforcement typically takes place through civil courts, relying heavily on contract and tort law.
🌍 International Context
Kenya’s obligations under the TRIPS Agreement require it to provide effective protection for trade secrets. However, there is no dedicated legislation that explicitly implements the EU Trade Secrets Directive or similar.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Common law, contract law, unfair competition, criminal law |
| Definition | No explicit statutory definition; confidential info with commercial value |
| Protection Scope | Against unauthorized acquisition, use, and disclosure |
| Remedies | Injunctions, damages, account of profits, criminal sanctions |
| International Framework | TRIPS Agreement compliance |
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