A Kenyan events company, Tukutane Entertainment Kenya Limited, has filed a suit against music collective Kodong Klan and seven individuals over the group’s withdrawal from a planned concert by Nigerian Afrobeats stars Asake and Gabzy at Nyayo Stadium in Nairobi, claiming losses of more than Sh59 million (Kenyan shillings) and seeking more than Sh63 million plus interest.
Kodong Klan’s stated reasons#
Kodong Klan, formed in 2024, describes itself as an alternative music collective of Afropop, dancehall and hip-hop singers, songwriters and poets. The group said it pulled out after what it called disrespect, contract breach and ill treatment during sound check.
It cited a pattern of disregard for agreed standards, interference from another performer’s team during sound check, and a lack of timely intervention by organisers. The group said the issues reflected a breakdown in communication and trust between the artists and organisers.
“Despite multiple efforts on our part to adjust and resolve these issues in good faith, our concerns were not taken seriously,” the group said.
Kodong Klan added that respect for the art, the people behind it, and the labour required to deliver quality performances is “non-negotiable”.
Tukutane’s case and event scale#
Tukutane has sued Quaver Music Limited and seven individuals:
- Trevor Magak
- Benson Mutua, known as Bensoul
- Julius MCymboh Okello, known as Okello Max
- Fidel Eli Shammah Omusula, known as Charisma
- Modecai Mwini Kimeu, known as Mordecai Dex
- Nywaya Eugine Simon, known as Ywaya Tajiri
- Israel Onyach
The company argues that the defendants breached their agreement, causing a loss of more than Sh59 million. Tukutane said it engaged Kodong Klan for a 90-minute performance for Sh4 million.
In its filing, Tukutane said the concert was expected to draw 11,441 fans: 493 VIP, 2,015 VIP and 8,933 general admission ticket holders. About 300 direct staff were engaged for event and day operations, including temporary hires across production, security coordination, logistics and hospitality.
The company estimated reach at more than 47 million impressions across Instagram, TikTok, Facebook and X.
Tukutane said it has previously run live event promotions at Jockey Club, KI Klub House, Brew Bistro and Nairobi Street Kitchen, with partners including East Africa Breweries Limited, Martell, Coca Cola, Red Bull, Kenya Airways, Ole Sereni, Sarova, Massive, Sankara, Yellow Moon, L’Oreal, Pepsi, Sky Tickets, Homeboyz, Glee, Hustle Sasa, Jack Daniels, Trademark, Uber and Dusit Princess, among others.
Contract terms and alleged breach#
Tukutane said the defendants were required to provide professional-grade sound, lighting and stage equipment, attend two sound checks before the event, and take part in social media promotion and official media interviews.
The firm alleged it incurred about Sh6.3 million in direct expenses, including value added tax (VAT). It also said it spent Kshs. 2,179,50l on transport, accommodation, meals, water, refreshments and hiring professional-grade sound, lighting and stage equipment, which Kodong Klan was allegedly unable to procure in good time.
The agreement stated that neither side could cancel within five days of the event. A breach would allow a claim for general damages and interest at 10 per cent, with damages payable within seven days. The defendants also agreed not to engage in any other activity within 12 hours before the concert.
Tukutane said Kodong Klan cancelled their performance hours before the concert, which it called a breach.
“The defendant’s public announcement of their cancellation was arbitrarily done in bad faith, bad taste, malicious, unlawful and unprocedural manner and was solely intended to cause panic, mayhem, frustration and confusion among attendees and to sabotage the Plaintiffs Asake x Gabzy concert,” the company said.
Tukutane also argued that learning of the cancellation through social media was “in bad taste and absolute disregard for contractual provision as well as the sanctity and integrity of musical performance”.
Competing event claim#
Tukutane claimed that those who backed Kodong Klan’s decision included Bien-Aimé Alusa Baraza, who was organising Sol Fest, which the company described as a competing concert.
Tukutane alleged that Bien said, “Go where you’re celebrated, not tolerated,” and that Kodong Klan ended up performing at Sol Fest. The company argued this was intended to sabotage the Asake and Gabzy concert.
It now wants the court to order Kodong Klan to pay more than Sh63 million plus interest.
