Soft drink manufacturer Coca-Cola Company has asked the High Court to give them at least 10 months to comply with a decision requiring them to put nutritional information and customer care details on its glass bottles.
In a fresh application lodged at the Milimani Law Courts, Coca-Cola subsidiary Nairobi Bottlers Ltd says it has already engaged the Kenya Bureau of Standards for purposes of approving its proposed designs that will provide the necessary information.
It's estimated that the venture will cost them at least Sh8 billion.
The company says it requires additional time to finalize its engagement with Kebs and provide the information ordered by the court on the products in issue.
"We are keen to comply with the judgement and the prevailing regulatory requirements and seek an extension of time to achieve full compliance," read their court documents.
Through Advocate Paul Kiragu Wathuta, the company says the decision of Justice John Onyiego where the case emanated from did not set out in detail the steps they would need to take to ensure compliance with his judgement.
Judge Onyiego on January 30, 2018, had directed Nairobi bottlers and Coca-Cola Central, East and West Africa Limited to provide nutritional information, storage directions and their customer care mobile number and email address on all their Coca-Cola, Fanta, Krest, Stoney and Sprite branded glass bottles.
Aggrieved, the matter went to the Court of Appeal. But the Court of Appeal judges upheld the decision by Onyiego. It then proceeded to the Supreme Court but was struck out on November 10 last year as it was filed out of time.
It was at this stage that the subsidiary started taking various steps to comply with the decision by Onyiego.
“Being responsible corporate citizens, we appointed dedicated work streams within and outside of our organization to compile a compliance roadmap that would navigate the applicant to compliance with the judgement..,” says John Mwendwa the public affairs, communications and sustainability director of Nairobi bottlers limited.
Mwendwa in an affidavit explains that they are required to liaise with various government agencies that regulate the industry to ensure that any proposed changes to its glass bottled products are in line with the judgement of the court.
“We have since engaged Kebs to discuss and approve its proposed designs. However, we have learnt that other agencies have a vested interest in the decision. The applicant says they may need to consult before it can with certainty say it’s fully compliant with the judgement and prevailing law,” says Mwendwa
Justice Chacha Mwita directed that the application be served on the parties and response filed within 14 days.
Further directions are to be issued on January 31.