A group of concertgoers has moved to the High Court seeking Sh100 million in compensation and sweeping reforms in the regulation of public entertainment events following a deadly stampede at Nyayo National Stadium in December 2025.
In a constitutional petition filed before the Constitutional and Human Rights Division in Nairobi, Philomena Mbaye, Evans Wamiru, Saitoti Naikuni and Chelsea Amandla have sued Tukutane Entertainment Kenya Limited alongside the Nairobi City County Government, the National Police Service, the Competition Authority of Kenya, Sports Kenya, the Ministry of Youth Affairs, Creative Economy and Sports, and the Attorney-General.
The petition arises from the “Asake x Gabzy” concert held on December 20, 2025, which the petitioners say was marred by gross negligence, overcrowding and poor crowd control, culminating in a stampede that claimed the life of an attendee, Karen Lojore, and left many others injured and traumatised.
According to court papers, Tukutane Entertainment oversold tickets beyond the stadium’s safe capacity, failed to put in place adequate crowd management and emergency preparedness measures, and prematurely closed entry gates hours before the communicated deadline. The situation worsened when the ticketing system allegedly crashed, leaving thousands of ticket-holding patrons stranded outside the stadium for over an hour.
The petitioners state that panic broke out after the gates were closed at about 9pm, triggering a stampede at several entry points. They claim there were no ambulances, paramedics or first-aid services on standby, and only a handful of police officers deployed to manage crowds numbering in the thousands.
They further accuse the organisers of misleading consumers by advertising performances by several artistes, including the Kenyan group Kodong Klan, which withdrew from the event hours before it began, without refunds or adequate explanation.
In the suit, the petitioners argue that the incident violated multiple constitutional rights, including the right to life, human dignity, security of the person, access to emergency medical care, fair administrative action and consumer protection. They also fault State agencies for failing to properly license, inspect, regulate and police the event despite the foreseeable risks associated with large public gatherings.
The petitioners want the court to declare the concert unconstitutional and unlawful, order compensation for victims and affected families, and compel the State to conduct a public inquiry into the stampede. They are also seeking structural orders requiring the development and enforcement of binding safety, crowd control and consumer protection standards for public entertainment events.
Among the far-reaching prayers is an injunction barring event organisers from holding large-scale entertainment events until safety and consumer protection guidelines are enacted and enforced. The case adds to growing scrutiny of Kenya’s entertainment industry following a series of deadly crowd-related tragedies over the years.
