The High Court has dismissed a case filed by a rights group seeking to bar American multinational corporation Johnson&Johnson from selling its talc-based baby powder to Kenyans.
Justice Lawrence Mugambi dismissed the matter for want of prosecution meaning the petitioner failed to pursue the case after filing it.
The matter had been filed by the African Centre for Corrective and Preventive Action.
Justice Mugambi Monday noted that it was the third time the rights group failed to turn up for the case.
"It has equally failed to turn up today despite notice to show cause having been issued for the petitioner to indicate if there is any interest in pursuing the matter," said the Judge.
"In the circumstances, this court orders that this matter be and is hereby dismissed for want of prosecution. The file is closed," he added.
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.
The organisation claimed that the giant healthcare uses benzene and talc in its baby powder products, which are contaminated by asbestos, 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.
Kebs had been sued in the case as well.
It defended the sale and distribution of Johnson & Johnson baby powder in the Kenyan market, dismissing claims of the product being contaminated with harmful substances.
On the other hand, Johnson&Johnson Services Inc and Johnson and Johnson (K) Limited while opposing the case said 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.