The High Court of Kenya has dismissed a petition filed by the Consumer Federation of Kenya (COFEK) against the 2023 Stanbic Yetu Festival. The petition, which alleged that the concert was poorly organised, has been ruled as unsubstantiated due to lack of sufficient and reliable evidence. COFEK had claimed that the event was marred by poor sound and visual quality, chaotic seating, and inadequate sanitation, among other issues.
According to Justice Lawrence Mugambi, the court found that COFEK failed to prove that the rights of concertgoers had been violated. Despite extensive allegations, the federation did not produce enough evidence to support their claims. The court noted that some allegations relied on hearsay and that electronic material referred to by the petitioner had not been properly authenticated.
COFEK had argued that the shortcomings at the event amounted to violations of consumers' rights under Article 46 of the Constitution and the Consumer Protection Act. They sought compensation for ticket holders. However, Stanbic Bank, through lawyer Ceceil Miller, argued that there was no evidence that the main area screens failed to project during performances by Sauti Sol and Boys II Men.
The court rejected COFEK's claims, stating that the burden of proving the alleged violations rested with the federation. Justice Mugambi also found that an apology issued after the event was not sufficient evidence to prove the specific allegations made against the respondents. The judge criticised COFEK for investing minimal effort in gathering credible evidence.
Despite dismissing the petition, the court had earlier ruled that COFEK had standing to bring the matter as public-interest litigation. It also held that constitutional consumer rights under Article 46 cannot be excluded or reduced by contractual terms in tickets. The court further rejected the argument that the arbitration clause contained in the tickets prevented the constitutional petition from being heard.
The Stanbic Yetu Festival, which featured performances by Boyz II Men and Sauti Sol, was held in 2023. COFEK had raised concerns about the organisation of the event, prompting the petition. The court's decision brings an end to the case, with COFEK's petition being dismissed due to lack of evidence.
The dismissal of the petition highlights the importance of providing sufficient evidence in court cases. COFEK's failure to do so has resulted in the case being dismissed. The court's decision sets a precedent for future cases involving consumer rights and public-interest litigation.
Key points
- The court found that COFEK failed to provide sufficient and reliable evidence to support their allegations against the Stanbic Yetu Festival.
- The dismissal of the petition highlights the importance of providing sufficient evidence in court cases.
- COFEK had alleged that the event was characterised by poor sound and visual quality, chaotic seating, obstructed views, congestion, inadequate sanitation, and insufficient security.
