The High Court at Nairobi has dismissed a petition by the Consumers Federation of Kenya against the organisers of the 2023 Stanbic Yetu Festival, citing a failure to prove the alleged constitutional violations.
The petition stemmed from the highly publicised musical concert held on June 10, 2023, at Uhuru Gardens, Nairobi, which featured the American R&B group Boyz II Men.
The festival, held at Uhuru Gardens in Nairobi on June 10, 2023, promised an unforgettable live music experience.
Revellers purchased tickets ranging from Sh8,000 to Sh60,000 expecting top-notch sound, clear views and VIP comfort.
Petitioners alleged that the revellers were instead met with disorganisation, poor sound quality, obstructed views and overcrowding that watered down the promised VIP experience.
Cofek subsequently sued Radio Africa Events/Group, Homeboyz Entertainment PLC and Stanbic Bank KenyaLimited seeking compensation and policy reforms.
Cofek argued the event substantially departed from what was advertised, leaving consumers cheated.
“In marketing the event, the first respondent [Radio Africa] was responsible through its events division ‘RA (Radio Africa) Events’ where it boasted that RA Events had organised over 250 events featuring local and international artists where they offer international and local artists booking, event management and events consultancy,” the court heard.
“The petitioner stated that revellers confirmed in writing that the media centre was mounted right in the middle of the venue which effectively obstructed the free view of the main performance stage”.
While the organisers’ claims created expectations of a world-class live performance, these dissolved into public outrage after attendees encountered overwhelmed sanitary facilities and security lapses.
“The said representations created a legitimate expectation and amounted to warranties about the quality and characteristics of the service; however on the material day, the service delivered was grossly deficient on multiple respects...”
They further sought that a declaration be made that Radio Africa, Homeboyz Stanbic’s failed “to organise a concert of reasonable quality by failing to provide security, proper sanitation, quality audio, value for money and visual playback”, violating Articles 46(1) of the constitution and the Consumer Protection Act, 2012 at Sections 5 and 12.
The respondents denied liability.
Radio Africa argued that in organising such a massive event, some lapses may arise and the organiser may in one way or another fail to meet the expectations of each and every reveller”.
While maintaining that proper planning and services were supplied, the company held the court lacked jurisdiction due to an arbitration clause in the ticket terms and the dispute was contractual, relying on independent contractors for the event’s logistics.
They emphasised the lack of concrete proof.
“The deponent states that the complaints have not been supported by any photos taken by the revellers to show the sorrow state of affairs.”
Stanbic Bank, the third respondent, maintained it was merely a title sponsor with no operational control over the event’s execution.
Delivering the judgment, Justice Lawrence Mugambi dismissed the petition.
While the court acknowledged the petitioner had the capacity to file the lawsuit and the matter raised pertinent constitutional issues regarding consumer rights under Article 46, the case ultimately failed on evidentiary grounds.
The judge found the witness statements were unsworn and the electronic evidence, including emails, lacked the mandatory certificate under Section 106B of the Evidence Act.
Justice Mugambi ruled, “The petitioner’s case was well pleaded, but it must fall for failure to discharge the burden of proof. It appears to me the pleading took the centre stage while production of admissible evidence was relegated to the back seat.”
He concluded, “The upshot is that this petition fails and is hereby dismissed. Considering it is public interest litigation; I make no orders as to costs.”
