A Milimani Magistrates court is to mention a case in which former KPC managing director Charles Tanui and six others are accused of irregularly receiving Sh644 million for the supply of hydrant valves.
The case is before Magistrate Felix Kombo.
The case has been in court since 2018 when they were charged.
It is alleged that Tanui, Philip Kimelu and five others conspired to defraud KPC of $ 6.4 million (over Sh644 m) in respect of a tender issued to an overseas company between October 2014 and July 2015.
Tanui attempted to stop his trial at the High Court but flopped.
High Court to issue directions on Johnson & Johnson baby powder case
Separately, the High Court will issue directions in a case in which a rights group is seeking to bar American multinational corporation Johnson & Johnson from selling its talc-based baby powder to Kenyans.
The Kenya Bureau of Standards has defended the sale and distribution of Johnson & Johnson baby powder in the Kenyan market, dismissing claims of the product being contaminated with harmful substances.
In response to a suit filed by the African Centre for Corrective and Preventive Action, Kebs says it is not aware of any complaint on the existence of any harmful component in the produce imported into the Kenyan market over the years.
It however acknowledges the existence of a previous alert by the United States Food and Drug Administration that recalled the product after a test showed the product to be contaminated with asbestos, a carcinogenic a carcinogenic substance.
In an affidavit, Julian Maina an inspection officer of Kebs says following that alert, they discussed the matter with Johnson & Johnson which confirmed that the batch subject of a recall in the United States was never imported into the Kenyan market.
To protect Kenyan consumers, Kebs explains that it instituted a raft of measures.
One of them required all baby powder imported into the country to be tested for asbestos under the pre-export verification of conformity program.
“It is important that any complaint of alleged contamination in a product be made specifically in a manner to identify the batch complained of, where manufactured and to have the same tested and if confirmed to be contaminated, a recall is done from the market to prevent harm to consumers,” Maina said.
He states the petitioner in the matter before the court is seeking a blanket condemnation of an entire product line from the market which is not backed by any evidence and is therefore unsustainable.
The African Centre for Corrective and Preventive Action (petitioner) filed the case last year seeking to have the sale and distribution of the powder in the Kenyan market stopped.
It claims that the giant healthcare uses benzene and talc in its baby powder products, which are contaminated by asbestos, a carcinogenic substance, causing exceedingly harm to its users.
However, according to Kebs, the petitioner has not presented any test result or other evidence of a sample of the product sold in the Kenyan market which has tested positive for asbestos or benzene.
"No evidence of potential or real harm posed by the produce sold in the Kenyan market has been presented by the petitioner as to warrant the award of any damages," Kebs said.
On the other hand, Johnson and Johnson Services Inc and Johnson and Johnson (K) Limited have opposed the case.
They say the petitioners' grievances against them, if any, relate to private rights and ought to be pursued under the private laws and not to the constitutional court.
Justice Lawrence Mugambi directed that the matter be mentioned today (March 27) to allow the Pharmacy and Poisons Board to file its response.