TV Producers Grace Kahaki And Philippe Bresson Win Ksh 20M Lawsuit Against KTN

In a legal victory for independent producers in Kenya, Insignia Productions, through its subsidiary Ivory Media Limited, has been awarded Kshs 20,202,864 by the Milimani Commercial Magistrate Court in a breach of contract suit against media giant Standard Group, the parent company of KTN television.

The dispute, filed as Ivory Media Limited versus Standard Group PLC under Case Number MCCOMMSU/E339/2023, arose from the Defendant’s failure to pay license fees amounting to Kshs 13,525,320 for the broadcast rights to two popular television shows, “Junior” and “My Two Wives.” Ivory Media Limited, a subsidiary of Insignia Productions, had licensed the programs to air on KTN pursuant to Program License Agreements executed on 10th October 2020 and 1st January 2021. The agreements required Ivory Media to deliver four episodes of each show monthly, while Standard Group was obligated to pay license fees quarterly within ninety days of receiving invoices.

The Plaintiff duly delivered all episodes as contracted and the Defendant aired the programs for the full agreed periods, yet failed to fulfill its payment obligations despite numerous engagements and negotiated payment plans between 2021 and 2022. The Defendant filed a Defence denying all allegations and asserting it was a stranger to the Agreements. However, Ivory Media produced the original agreements bearing the company stamps of both parties, executed by Philippe Bresson, Director of Ivory Media, and Orlando Lyomu, Group CEO of Standard Group. In delivering his judgment on 13th August 2026, Senior Principal Magistrate A. Nyoike found the Defendant’s defence baseless.

The Court noted that once a document bearing the company seal and signature of a senior officer is placed before the Court, the burden shifts to the party disputing it to demonstrate lack of authority or fraud. A bare denial does not suffice. The Court further observed that the Defendant’s own conduct constituted admission of the contractual relationship and the debt. Email correspondence from the Defendant’s finance department repeatedly acknowledged the outstanding balance, proposed payment plans, and recorded part-payments made. Magistrate Nyoike stated, “It is inconceivable that a company would negotiate a payment plan, reconcile a statement of account, and make partpayments running into millions of shillings in respect of an agreement to which it claims to be a stranger.” The Plaintiff’s claim was corroborated by a detailed statement of account arriving at a closing balance of Kshs 13,525,320, independently verified by the Defendant’s own internal reconciliation.

Consequently, the Court entered judgment in favour of Ivory Media Limited for the principal sum of Kshs 13,525,320 together with interest at court rates. Based on the Court’s award of 14% interest per annum over three years, accrued interest amounts to Kshs 5,677,544, and legal fees assessed at Kshs 1,000,000, bringing the total decretal sum to Kshs 20,202,864.