Court dismisses Boyz II Men concert case against Stanbic Bank

The High Court has dismissed a music fans’ rights case against the organisers of the 2023 Stanbic Yetu Festival, which featured Boyz II Men.

Justice Lawrence Mugambi, in his judgment, said that although Consumer Federation of Kenya (Cofek) was aware that there were complaints recorded by those who attended, it never called anyone as a witness in its case against Stanbic Bank Kenya and Homeboyz Entertainment.

“Despite being aware that there were witnesses who had recorded statements, the petitioner did not seek to introduce that evidence in support of this Petition. These statements were thus nothing but unreliable hearsay evidence,” he said.

On June 10, 2023, blues music enthusiasts converged at the Uhuru Garden. The court heard that those who intended to watch the world-class live music from the main area paid Sh 8000 while the VIPs paid Sh 15000 and for the VVIP, the damage was Sh 60,000 for a pair.

Cofek, in its case, stated that the VIPs had extras, which included separate toilets, a dinner experience, a separate designated experience and a prepaid host bar, topped with being close to the stage.

However, it argued that there were complaints about the festival being chaotic and disorderly. It claimed that at the core of the issues raised was a lack of proper physical controls, which had persons sitting where they ought not to.

So bad was the situation, the Stephen Mutoro-led lobby claimed, that if anyone rose to relieve themselves, it was allegedly impossible to get back to their seats.

“As a result, there was extreme congestion which made it difficult

to access sanitary facilities, food or for revellers to have a clear view of the main stage or follow along on the screen. Free movement within the venue became impossible as pathways were blocked,” the lobby argued.

It asserted that all had a legitimate expectation to watch Boyz II Men live on or on designated screens but were allegedly unable to watch. It also claimed that the sound was of poor quality, which led to frustrations. Cofek told the court that screens allegedly failed in the middle of Sauti Sol’s performance.

In response, Stanbic’s lawyer Cecil Miller urged the court to dismiss the case. He explained that all fans who purchased the tickets had express terms and conditions which included assuming all risk which occur before, during and after the event.

Miller also told the court that there was a clear dispute resolution mechanism, which had also been clearly indicated. According to him, any issue that was to occur was to be first subjected to arbitration.

He also told the court that Stanbic had before the events, it had engaged different service providers who were to provide e the required amenities, including a sound system, furniture, security scanning machines, mobile toilets, urinals and food vendors.

The lawyer stated that Homeboyz, alongside Professional Events & Décor, Homeland Itoya Events and Staarab Lounges Ltd, provided the technical system, including the technical visual, sound, lighting, power, technical support, transport and crew.

He further said that there were 70 washrooms available, tents that could accommodate 6,926 people, seating areas that could accommodate 6,270 people, bar areas that could accommodate 8,100 people and different food vendors that could accommodate 11,100 people. 

Miller also told the court that his client contracted Four Winds Consultants, who provided the artist kit to ensure the success of the event, while Kenchic Limited, Nababurger, Sultan Meat Packers, who are known as The Artisan Butcher & Deli and the Rockbern Coffee Group Limited provided quality food and beverages at the event.

He said there was no evidence that the main area screens failed to project during Sauti Sol and Boyz II Men performances, as the screens that were mounted were new and of good quality, and screen and sound issues were immediately rectified.

Homeboyz also urged the court to dismiss the case. It argued that there was only a less than 5-minute delay, as the sound engineer who had been engaged by Boyz II Men was not conversant with operating the equipment, and after he was shown how, the issue of the sound was resolved, and the concert progressed well. 

It maintained that the sound system was top of the class and adequate to cater for the range of people.