Media personality Willis Raburu has sued Game Changer Marketing Limited East African Breweries Limited(EABL) over failure to pay him Sh 10 million.
Raburu, through his company, Steizon Limited wants the court to order compelling the two companies, jointly and severally, to remit to him the sum of Sh 10 million plus interests accruing from the date of payment, being the outstanding amount due and owing for contractual services duly performed by him pursuant to the contract dated 6th December 2024.
It is alleged that on 6th December 2024, Steizon entered into a contractual obligation with Game Changer acting as an agent of the 2nd defendant for professional influencing, digital promotion, branding and visibility, logistical execution and event coordination and communication services in relation to the Furaha City event set for 7th December 2024.
Through lawyers Danstan Omari and Martina Swiga, the court heard that the contract was prepared and shared between the applicant and the 1st Respondent reflecting an agreed contract value of Kenya shillings Ten million and signed by the applicant on 6th December 2024.
“The 1st respondent did not physically sign the contract but this does not negate the binding nature of the contractual relationship between the parties as it is an established practice in the industry for documents to be sent by promoters and for parties to acknowledge and act upon them,” Omari said.
According to Omari, such conduct still renders the contract valid and enforceable and the absence of a signed document does not negate a contract where the parties conduct, correspondence and performance demonstrate a shared intention to create legal relations and full agreed terms.
The applicant wants the court to declare that the contract dated 6th December 2024 between Steizon and the companies s is valid, binding, and enforceable, notwithstanding the absence of EABL’s signature.
Steizon also wants an order directing that EABL’s operating license be suspended, revoked and/or otherwise cancelled pending full settlement of the outstanding contractual sum owed to the Plaintiff.
In addition, Steizon wants a declaration that Game Changer acted with actual or apparent authority as an agent of EABL and that all engagements, communications and agreements facilitated through them were valid, binding, and undertaken within EABL’s mandate and operational framework.
