NAIROBI, Kenya — The High Court has dismissed a petition by the Consumer Federation of Kenya (COFEK) over the 2023 Stanbic Yetu Festival, ruling that the federation failed to provide sufficient evidence to prove that concertgoers’ constitutional consumer rights had been violated.
Justice Lawrence Mugambi, in a judgment delivered on September 10, 2026, said COFEK had made extensive allegations about the organisation of the concert but had not presented sufficient and reliable evidence to substantiate them.
COFEK Raised Concertgoers’ Complaints
COFEK had alleged that the festival was poorly organised and was characterised by several shortcomings, including:
- Poor sound and visual quality;
- Chaotic seating arrangements;
- Obstructed views;
- Congestion;
- Inadequate sanitation; and
- Insufficient security.
The federation argued that the alleged shortcomings amounted to violations of consumers’ rights protected under Article 46 of the Constitution and the Consumer Protection Act.
COFEK had sought relief for ticket holders over the alleged violations.
Stanbic Disputed Allegations
Stanbic Bank, represented by lawyer Ceceil Miller, disputed the allegations and urged the court to dismiss the petition.
The bank argued that there was no evidence that the main screens failed during performances by Sauti Sol and Boyz II Men.
Stanbic maintained that the screens installed for the event were new and of good quality.
Court Says COFEK Failed to Prove Claims
Justice Mugambi said the burden of proving the alleged consumer-rights violations rested with COFEK.
The judge found that the evidence presented did not meet the required threshold.
Some of the allegations, he noted, were based on hearsay, while electronic material relied upon by COFEK had not been properly presented and authenticated before the court as required by law.
The court also found that an apology issued after the event was not, by itself, sufficient evidence to establish the specific allegations made against the respondents.
Judge Criticises Evidence Presented
In dismissing the petition, Justice Mugambi said COFEK had successfully set out the grievances attributed to concertgoers but had fallen short when it came to proving those claims.
“While the Petitioner was able to draft a good pleading that articulated the grievances of the concertgoers, it, on the contrary, invested minimal effort and skill in gathering credible evidence,” the judge held.
The court consequently found that the allegations remained unsubstantiated by sufficient and reliable evidence.
“The upshot is that this Petition fails and is hereby dismissed,” Justice Mugambi ruled.
COFEK Had Right to Bring Case
Despite dismissing the petition, the court made findings in COFEK’s favour on several preliminary legal questions.
Justice Mugambi held that COFEK had standing to bring the matter as public-interest litigation, meaning the federation was entitled to approach the court on behalf of consumers.
The court also held that constitutional consumer rights under Article 46 cannot simply be excluded or reduced through contractual terms contained in concert tickets.
Arbitration Clause Did Not Block Petition
The court further rejected an argument that an arbitration clause contained in the tickets prevented COFEK from pursuing the constitutional petition.
The finding means that the presence of an arbitration provision in a ticket contract did not, in this case, prevent the court from considering the constitutional consumer-rights issues raised by COFEK.
However, after considering the evidence presented, the court ultimately dismissed the petition because the alleged violations had not been sufficiently proved.
