Differences between Kenyan artistes dubbed Kodong Klan and showbiz company Tukutane Entertainment Kenya Limited over Nigerian Afrobeats stars Asake and Gabzy have landed in court.
Kodong Klan, a musical group formed in 2024, withdrew their performance, citing disrespect, contract breach and ill treatment during sound check.
It outfits Afropop, dancehall, and hip-hop singers, songwriters and poets.
The alternative music collective cited a consistent pattern of disregard for agreed-upon standards which they say culminated in interference from another performer’s team during sound check, alongside what they termed a lack of timely intervention from the event organisers as the reason for the walkout.
“Despite multiple efforts on our part to adjust and resolve these issues in good faith, our concerns were not taken seriously,” the group noted, underlining a breakdown in communication and trust between the artistes and organisers.
They further emphasised that respect for the art, the people behind it, and the labour required to deliver quality performances is “non-negotiable”
Tukutane has now sued Quaver Music Limited, Trevor Magak, Benson Mutua, who is known by his stage name Bensoul, Julius MCymboh Okello ( Okello Max), Fidel Eli Shammah Omusula ( Charisma), Modecai Mwini Kimeu (Mordecai Dex), Nywaya Eugine Simon (Ywaya Tajiri) and Israel Onyach, arguing that they breached their side of the bargain, resulting in a more than Sh 59 million loss.
The entertainment firm claimed that over the years, it has done live events promotions, including in Jockey Club, KI Klub House, Brew Bistro, and Nairobi Street Kitchen and attracted partners who include 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, Dusit Princess, among many others.
It stated that its much-hyped Asike and Gabzy concert at Nyayo Stadium was to attract 11,441 fans. Of these, 493 were VIP, 2015 were VIP, and 8933 held general admission tickets. Approximately 300 direct staff were engaged for the event and day operations, including temporary hires across production, security coordination, logistics, and hospitality.
In the case, it further claimed that reach across platforms was estimated at over 47 million impressions, distributed across Instagram, TikTok, Facebook, and X.
To ensure that all those who attended got a full feel of the music, Tukutane said that it engaged Kodong for a performance that would last 90 minutes for Sh 4 million.
“The defendants were also required to provide professional-grade sound, lighting and stage equipment, to attend two sound checks before the event and to do social media promotion and official media interviews,” said Tukutane.
In total, the firm alleged that it incurred around Sh 6.3 million as direct expenses. According to it, it allegedly paid for VAT. Further, the client spent a total of Kshs. 2,179,50l as direct expenses towards transport, accommodation, meals, water and refreshment, as well as hiring professional-grade sound, lighting and stage equipment, which Kodong were allegedly not able to procure in good time.
According to the firm, the agreement was that there would be no cancellation of the contract within five days of the D-day, failure to which, either party would claim general damages and interest at 10 per cent.
Further, it stated that the damages ought to be paid within seven days and that they would not engage in any other activity within 12 hours before the concert.
However, Tukutane said that Kodong cancelled their performance hours for the concert. This, it claimed, was against the agreement.
“ 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 fact that the plaintiff learnt the same through social media was in bad taste and absolute disregard for contractual provision as well as the sanctity and integrity of musical performance,” it argued.
Tukutane claims that those who backed Kodong’s decision included Bien-Aimé Alusa Baraza, who was organising Sol Fest, which was allegedly a competing concert.
“Go where you’re celebrated, not tolerated,” Tukutane claimed Bien to have alleged.
The firm also claimed that Kodong ended up at Sol Fest. It argued this was to allegedly sabotage its own Asike and Gabzy concert.
It now wants the court to force Kodong to pay more than Sh 63 million plus interest.