Beyond the Ticket: What Event Organisers and Consumers Need to Know About Cancelled Events.

The events industry is built on anticipation. A poster goes up on social media, tickets go on sale, and consumers make payments weeks or even months in advance. Friends make plans, transport is arranged, accommodation may be booked, and expectations begin to build around an experience that has not yet happened. But what happens when the event does not happen? What happens when an event is postponed and ultimately cancelled? Who is responsible for refunding the ticket money? Does responsibility shift to the ticketing platform through which the payment was made? Can an organiser avoid personal liability because the event was marketed under a business name?

These questions recently came before the Milimani Small Claims Court in Annemarie Nkirote Kiriinya and Nickitah McKena Irungu v Mwanaume Ni Effort and Moses Mwabe & Another, concerning tickets purchased for the Shoke Shoke Festival. The Claimants had purchased tickets and the event was subsequently postponed and ultimately cancelled. A public notice communicated that refunds would be made within 45–60 days, but the Court found that the promised refunds had not been demonstrated to have been made. The Court ultimately ordered the Claimants to be refunded their respective ticket monies, together with interest and costs. 

While the amounts involved may appear modest, the judgment raises questions that are much broader than the individual dispute. It provides a useful opportunity to consider accountability in the events industry, the legal implications of selling tickets to consumers, the role of ticketing platforms, and the steps both organisers and consumers should take to protect themselves.

For the Event Organiser: What Happens When Things Go Wrong?

The reality is that events do not always go according to plan. An artist may cancel. A venue may become unavailable. Logistics may fall apart. An event may have to be postponed or cancelled for reasons that the organiser did not anticipate.But cancellation does not necessarily bring the organiser's obligations to an end. In this case, the Court found that because the event did not take place, the consideration for which the Claimants had paid was not provided and the appropriate relief was the return of their ticket monies. 

For organisers, the lesson is therefore not simply “have a successful event.” It is “have a plan for when the event does not happen.” Before the first ticket is sold, organisers should consider what their terms and conditions say about cancellation, postponement, rescheduling, refunds and significant changes to the event. There should also be a clear and realistic mechanism for processing refunds. A refund policy should not be something created in the middle of a crisis.

Who Is Really Behind the Event?

The judgment also highlights the importance of understanding the legal structure behind an events business. The Respondent argued that he was not personally liable and sought to distinguish between the business names.

 Relying on Victor Mabachi & Another v Nurtun Bates Ltd, the Court reiterated that a business name is not a separate legal entity from its proprietor where the business is operated as a sole proprietorship.  For event organisers, this is an important reminder: your brand name may not be the same thing as your legal identity. If you regularly organise concerts, festivals or other commercial events, it is important to understand the legal structure through which you operate and the obligations that structure creates.

And What About the Ticketing Platform?

This is a question many consumers may have asked themselves: “But I bought my ticket through a ticketing platform. Surely they are responsible?” Not necessarily. In this matter, the Court found that Hustlesasa was an intermediary through which the ticket payments were processed and was not the supplier of the entertainment services promised to the Claimants. The use of the ticketing platform therefore did not, in the circumstances of the case, absolve the organisers of responsibility.  For organisers, the lesson is that engaging a third-party ticketing platform does not automatically transfer responsibility for the event.

For consumers, the lesson is equally important: don't only ask where you are paying. Ask who is actually promising you the event.

For the Consumer: What Should You Look Out For?

Consumers also have a role to play. Before buying a ticket, ask yourself: Who is organising this event? What exactly does my ticket entitle me to? What happens if the event is postponed or cancelled? What are the refund terms? Who do I contact if something goes wrong? And once you have purchased the ticket, keep your evidence. In this case, the Claimants produced payment confirmations, promotional material, cancellation notices and social media posts.  That WhatsApp message, M-Pesa confirmation, email or screenshot of the event poster that you might otherwise ignore could become important evidence if a dispute arises.

The Court also referred to Article 46 of the Constitution and section 3 of the Consumer Protection Act in recognising the broader consumer protection framework against unfair, misleading and deceptive commercial practices.  Consumers should therefore be able to make informed decisions before parting with their money.

The Bigger Issue Is Trust

Ultimately, the judgment is about more than two cancelled tickets. The events industry operates on trust. Consumers pay today for an experience they expect to receive in the future. Organisers, on the other hand, take on significant financial and logistical risks long before the event begins. That relationship requires transparency from both sides. For organisers, that means clear contracts, accurate marketing, appropriate business structures, transparent ticket terms, proper record keeping and a workable refund process.

For consumers, it means knowing who you are buying from, understanding the terms of your purchase and keeping evidence of the transaction. The best time to think about what happens when an event is cancelled is before the ticket is sold—not after the event has failed.

Beyond the Ticket

The judgment serves as a timely reminder that an event does not exist in isolation from the legal and commercial relationships surrounding it. For organisers, good event management is not only about putting on a successful event; it is also about being prepared for when things do not go according to plan.

For consumers, buying a ticket is more than securing entry to an event—it is entering into a commercial transaction with rights and expectations attached to it.

As Kenya's events industry continues to grow, so too must the standards of accountability, transparency and consumer protection within it. Whether you are planning the event or buying the ticket, und

erstanding your rights and obligations before things go wrong can make all the difference.

The ticket may get you through the door. But the obligations created beyond the ticket are what matter when the door never opens.

If you are an event organiser looking to structure your event, review your contracts or ticket terms, or put in place appropriate cancellation and refund mechanisms, or a consumer dealing with a cancelled event, an unresolved refund or another dispute arising from a ticket purchase, our team would be happy to assist.

For legal advice and assistance, please reach out to us.

BY: ANNEMARIE NKIROTE