High Court Dismisses COFEK Petition Over 2023 Stanbic Yetu Festival

The High Court has dismissed a petition filed by the Consumer Federation of Kenya (COFEK) over the controversial 2023 Stanbic Yetu Festival, ruling that the federation failed to provide sufficient evidence to prove that concertgoers' constitutional and consumer rights had been violated.

Justice Lawrence Mugambi, in a judgment delivered on September 10, 2026, found that COFEK had made extensive allegations about the organisation and execution of the concert but failed to substantiate them with sufficient and reliable evidence.

COFEK had accused the event organisers of subjecting concertgoers to a range of 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 consumer rights protected under Article 46 of the Constitution and the Consumer Protection Act. It sought compensation for people who had purchased tickets for the event.

Stanbic denies concert failures

Stanbic Bank, represented by lawyer Ceceil Miller, contested the allegations and urged the court to dismiss the petition.

The bank argued that there was no evidence that the main-area screens failed during performances by Sauti Sol and Boyz II Men.

Stanbic maintained that the screens installed at the venue were new and of good quality, disputing claims that technical or visual failures had affected the concert experience.

Court faults evidence presented by COFEK

Justice Mugambi held that the burden of proving the alleged violations rested with COFEK.

The judge found that the evidence presented by the federation did not meet the required threshold, noting that some of the allegations were based on hearsay.

The court also found that electronic material relied upon by COFEK had not been properly presented and authenticated in accordance with the law.

Justice Mugambi further held that an apology issued following the event, by itself, could not establish the specific allegations made against the respondents.

The judge observed that while COFEK had formulated detailed pleadings setting out the grievances of concertgoers, it had not devoted sufficient effort to collecting and presenting credible evidence to support 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,” Justice Mugambi said.

The court consequently dismissed the petition, concluding that the allegations had not been established by sufficient and reliable evidence.

“The upshot is that this Petition fails and is hereby dismissed,” the judge ruled.

Court upholds COFEK's standing

Despite dismissing the petition, the court made several findings in favour of COFEK on preliminary and constitutional questions.

Justice Mugambi held that COFEK had the legal standing to bring the case as public-interest litigation.

The court also found that constitutional consumer rights protected under Article 46 cannot simply be excluded or diminished through contractual terms contained in event tickets.

The judge further rejected an argument that an arbitration clause in the tickets prevented COFEK from pursuing the constitutional petition before the High Court.

The ruling therefore leaves the petition dismissed on the evidentiary grounds while affirming that consumer-rights issues of constitutional significance can, in appropriate circumstances, be brought before the courts notwithstanding contractual provisions contained in tickets.