Members of hip hop group P-Unit perform on stage during a concert at KICC grounds in Nairobi on July 22, 2018.
A London-based organisation with operations in Nairobi has been ordered to pay legendary Kenyan music group P-Unit Sh500,000 after booking the musicians for a live performance where they failed to take to the stage at the last minute, following a payment dispute.
Last year, on May 4, Africa Cultural Enterprise (ACE), the London company known for promoting African culture and sports through community initiatives, youth coaching clinics, and fan engagement events, flew in former Chelsea FC and Nigerian football star John Obi Mikel to Nairobi.
The football icon had been contracted to headline ACE's Football Fiesta, dubbed The Ultimate Football Fun Experience, an event that blended football, music, and entertainment. The event promised a full day of football, music, and entertainment.
P-Unit, alongside Hart The Band, were the performers lined up to bring the crowd to its feet during the extravaganza held at a Nairobi club.
P-Unit trio of Frasha, Gabu and Bon-eye.
However, things took an unexpected turn when the P-Unit trio of Frasha (Francis Amisi), Gabu (Gabriel Kagundu), and Bon-Eye (Boniface Chege) arrived at the venue ready and primed to perform, but failed to do so after ACE refused to release the outstanding Sh500,000 balance of the agreed Sh550,000 performance fee.
The standoff would later end up in Small Claims Court, with P-Unit suing ACE for breach of contract. P-Unit narrated the chain of events to the court, saying that when they were first contacted by ACE agent Llyoyd Musara on April 24 last year, with regard to the Football Fiesta event, the two parties entered into a musical performance agreement scheduled for May 4, 2025. A sum of Sh550,000 was agreed upon as payment to the music group, and ACE soon released promotional materials, including posters about the event. As a sign of commitment, ACE wired Sh50,000 to the singers via M-Pesa as a down payment.
However, on the material day, when P-Unit arrived to perform, they sought the balance before taking to the stage, but ACE didn't honour the end of the bargain, prompting the musicians to leave the venue.
“Claimant’s ({P-Unit) case was that the 1st respondent (Llyoyd Musara), allegedly acting as agent of the 2nd respondent (ACE), engaged the Claimant to perform during an event dubbed ‘The Ultimate Football Fiesta’ at Nairobi Club and agreed to pay the claimant Sh550,000 for the performance. The claimant produced an agreement dated 24.4.2025 together with screenshots of WhatsApp conversations and promotional materials relating to the said event. The claimant contended that despite rehearsing and preparing for the event, the Respondents failed to honour the payment agreement, thereby occasioning the claimant's loss and embarrassment before its fans. The claimant further stated that despite attending the venue ready to perform, the Respondents failed to make the agreed payments and became unresponsive,” read in part the judgement of Adjudicator Chepchumba Carolyne Rono.
In response to P-Unit's claims, Musara, the ACE agent, denied any wrongdoing, insisting that the group failed to honour its performance obligations despite receiving a Sh50,000 deposit.
Musara also challenged the authenticity of the contract presented by P-Unit, arguing that no valid and binding agreement existed between the parties.
Sh1 million in damages
The dispute escalated further when Musara filed a counterclaim seeking Sh1 million in damages, accusing the award-winning music group of defamation and causing reputational harm through statements allegedly published online after the performance fallout. According to the agent, the remarks made by P-Unit following the cancelled performance damaged both his personal reputation and that of the organisation he represented.
However, in her judgment, Ms Rono wasn’t convinced by Musara’s argument.
“Claimant (P-Unit) produced an agreement dated 24.4.2025 indicating that the claimant was to perform at the respondents’ event for a consideration of Sh550,000. The agreement bears the names and signatures of the parties. Further, the WhatsApp exchanges produced before the court demonstrate negotiations and communication between the parties concerning the performance and payments. The Respondents themselves admitted paying the claimant a deposit of Sh50,000 through M-Pesa. The court therefore finds that there existed a contractual relationship between the parties notwithstanding the Respondents’ allegations regarding the format or execution of the agreement.” Ms Rono stated.
P-Unit had told the court that ACE breached Clause 5 of their Rider, which formed part of the contract.
“The court has carefully considered Clause 5 of the Rider forming part of the agreement. The said clause provided that if the promoter cancelled the performance less than two days before the agreed date, the artist would be entitled to a 50 percent cancellation fee together with reimbursement of costs incurred. In the present case, there is no evidence that the respondents cancelled the performance. On the contrary, the evidence before the court demonstrates that the event proceeded, the Claimant attended the venue ready and was willing to perform, but the respondents failed to honour their payment obligations and became unresponsive," noted Ms Rono.
"The court therefore finds that Clause 5 does not apply to reduce the claimant’s entitlement to 50 percent. The respondents, having failed to cancel the performance in accordance with the agreement, and having allowed the claimant to attend the venue ready to perform, remained liable to pay the full contractual sum of Sh550,000.”
The court also threw out Musara’s Sh1million counterclaim suit on defamation, stating that the court lacked jurisdiction to entertain defamation claims.
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