The High Court of Kenya has dismissed a case filed by the Consumer Federation of Kenya (Cofek) against Stanbic Bank Kenya and Homeboyz Entertainment, the organizers of the 2023 Stanbic Yetu Festival. The festival, which took place on June 10, 2023, at Uhuru Garden, featured a performance by the American R&B group Boyz II Men. Cofek had argued that the event was chaotic and disorderly, citing complaints from attendees about poor physical controls, congestion, and poor sound quality.
According to Cofek, attendees who paid for VIP and VVIP tickets experienced a range of issues, including poor access to sanitary facilities, food, and a clear view of the main stage. The lobby group claimed that the situation was so bad that revellers were unable to move freely within the venue, and that screens failed during Sauti Sol's performance. Cofek argued that all attendees had a legitimate expectation to watch Boyz II Men live on or on designated screens but were allegedly unable to do so.
However, Justice Lawrence Mugambi, in his judgment, noted that Cofek failed to call any witnesses to testify in support of its claims, despite being aware of complaints recorded by attendees. The judge described the evidence presented by Cofek as "unreliable hearsay evidence." Stanbic Bank's lawyer, Cecil Miller, had urged the court to dismiss the case, arguing that all fans who purchased tickets had express terms and conditions that included assuming all risk before, during, and after the event.
Miller also pointed out that there was a clear dispute resolution mechanism in place, which had been indicated to ticket holders. He stated that Stanbic had engaged various service providers to provide amenities, including a sound system, furniture, security scanning machines, mobile toilets, and food vendors. According to Miller, Homeboyz Entertainment, alongside other service providers, provided the technical system, including visual, sound, lighting, power, and technical support.
The lawyer further stated that the event had adequate facilities, including 70 washrooms, tents that could accommodate 6,926 people, seating areas that could accommodate 6,270 people, and bar areas that could accommodate 8,100 people. Miller also disputed Cofek's claims of poor sound quality, stating that the sound system was top-notch and that issues were immediately rectified. Homeboyz Entertainment also urged the court to dismiss the case, arguing that there was only a brief delay due to technical issues.
Homeboyz Entertainment maintained that the sound system was adequate to cater to the range of people attending the event. The company also pointed out that the sound engineer engaged by Boyz II Men was not familiar with the equipment, but after being shown how to operate it, the issue was resolved, and the concert progressed well.
The dismissal of the case has been seen as a victory for Stanbic Bank and Homeboyz Entertainment. The 2023 Stanbic Yetu Festival was a highly anticipated event, with many music fans attending to see Boyz II Men perform live. Despite the issues reported by some attendees, the court has ruled that Cofek failed to provide sufficient evidence to support its claims.
Key points
- The High Court of Kenya dismissed a case filed by Cofek against Stanbic Bank Kenya and Homeboyz Entertainment over the 2023 Stanbic Yetu Festival.
- Cofek had argued that the event was chaotic and disorderly, citing complaints from attendees about poor physical controls and poor sound quality.
- The court ruled that Cofek failed to provide sufficient evidence to support its claims, as it did not call any witnesses to testify in support of its claims.
