30/09/2025
PERFORMANCE AGREEMENTS
In 2023, London based Kenyan promoter Prince Otach, organized a gig and one of the performers was Boutross.
Otach made sure everything was sorted, from visas, flights, accommodation and ground transportation.
However, after the gig, Otach realized that Boutross had booked another gig the following weekend in Glasgow, Scotland, without his knowledge.
Once you are in London, you don’t need another visa to get to Glasgow. Just take a flight, jump on a train or drive there. No one will stop you at the borders, if you will even notice one in the first place.
The last time I followed that story, Otach was to take legal action against Boutross and his management.
Last weekend, Kikuyu one man guitarist Waithaka Wa Jane found himself in hot soup after he was arrested at the airport in Berlin Germany.
Reason?
From the information that I have gathered so far, the promoter who worked on Waithaka’s visa, was not the same promoter who organized last weekend’s Ngemi in Germany.
So the main promoter got Waithaka arrested at the airport to prevent him from performing at Ngemi. This is because they had scheduled a Europe tour that would be watered down if Waithaka performed at Ngemi.
So, was Otach in the UK justified to sue Boutross for taking another gig without involving him? Was the promoter in Germany justified to use any means to stop the gig?
This is where contracts come in.
Performance contracts differ, depending on the level an artist is in the industry. Big changes are always on the on the technical and hospitality rider. However, the larger framework of the contracts, mainly remain the same.
For example, there is this clause that says, if an artist decides to make a non performing appearance in places where the main promoter has not organized, then the promoter is entitled to at least 25 percent or more of the proceeds made there.
Most promoters organize the meet and greets, press conferences and charity activities just to hype up the main show. Those appearances do not count since they are part of the schedule.
However, when the artist decides to do another show during the contract period without the involvement of the main promoter, then the contract needs to be renegotiated afresh.
And it can be done in different ways. The promoter may decide to just get a cut from the performance fees, or they can get a new agreement with full fees altogether. That is the law.
I am not a lawyer, but I have consulted one on this.
Otach had every right to sue Boutross in the UK, and even stop the shows altogether.
Last weekend, if Waithaka went against all these clauses in the agreement, he had to be stopped by whatever means necessary.
I have personally not seen the contract, but I am just stating generally how it should be done. Otherwise, Waithaka and the promoters of Ngemi (Germany), if they were not in the original contract, have a case to answer.
Emotions aside.
Class dismissed.
JOHN MOSH
