Radio Africa and Stanbic Bank have secured a reprieve after the High Court dismissed a case filed by the Consumers Federation of Kenya (COFEK) over alleged chaos at the 2023 Stanbic Yetu Festival featuring American R&B group Boyz II Men.
COFEK had sued Radio Africa Events, Homeboyz Entertainment, Stanbic Bank and other parties over the concert held at Uhuru Gardens in Nairobi on June 10, 2023, which featured American R&B group Boyz II Men and Kenyan music group Sauti Sol.
The consumer lobby accused the organisers of subjecting concertgoers to overcrowding, poor sound and visual displays, inadequate sanitary facilities, blocked pathways, poor crowd control and security failures. It also claimed some attendees lost phones, identification documents and other valuables during the event. COFEK had sought declarations that the organisers violated consumers’ constitutional rights and the Consumer Protection Act, as well as compensation for people who bought tickets for the event.
But Justice L.N. Mugambi found that COFEK failed to prove its allegations with credible and admissible evidence. The judge found that electronic evidence relied upon by COFEK did not meet the legal requirements for admission because the petitioners had failed to provide the certificate required under Section 106B(4) of the Evidence Act.
“The electronic evidence relied upon in this Petition does not meet the legal threshold of admissibility hence is inadmissible,” the judge ruled.
Justice Mugambi said COFEK had made forceful allegations in its pleadings but failed to support them with evidence capable of proving the claims.
“None of the positive allegations advanced by the petitioners has been proved by evidence,” the judge said, describing the allegations as “bald allegations resting on hearsay evidence or inadmissible electronic material of zero probative value.”
The court was also unconvinced by COFEK’s reliance on videos allegedly circulating online showing concertgoers complaining about poor sound and faulty screens.
“The alleged viral video was never presented before this Court as evidence,” Justice Mugambi said.
COFEK had also relied on public apologies issued by Radio Africa and Stanbic as evidence that problems had occurred during the concert. The judge, however, said the apologies expressed general regret over inconveniences but did not amount to an admission of the specific allegations made by COFEK.
“It does not amount to a clear, unequivocal admission of the specific facts pleaded in the Petition nor does it acknowledge legal wrongdoing,” he ruled.
Justice Mugambi ultimately dismissed the petition, finding that the allegations remained unsubstantiated by sufficient and reliable evidence. The judge made no order as to costs, noting that the case was public interest litigation.
The judgment was delivered virtually in Nairobi on September 10, 2026.
