Bridge International Academies Limited v Robert Kimani Kiarie [2015] KEHC 3377 (KLR)

Facts

The plaintiff, Bridge International Academies Limited, applied for an interlocutory injunction to restrain the defendant, Robert Kimani Kiarie, from operating a school named Patient Heart Academy within 2 kilometers of the plaintiff's Mai-Mahiu Academy. The defendant was employed by the plaintiff as an Academy Manager and had signed an employment contract containing non-compete clauses.

Issues

1. Whether the defendant has breached the non-compete clauses in the employment contract.
2. Whether the plaintiff has suffered irreparable harm that cannot be compensated by damages.

Reasoning

The plaintiff failed to substantiate its allegations and demonstrate that the defendant had breached the non-compete clauses. The court held that the conditions for granting an interlocutory injunction were not met.

Outcome

Application dismissed

Authorities cited