The High Court has allowed the Law Society of Kenya (LSK) to participate in proceedings that seek to compel manufacturers to disclose accurate information regarding materials used in the production of sanitary pads and diapers.
This was after the LSK told Justice Chacha Mwita that its members are consumers of the products mentioned in the case and they would suffer 'great prejudice' if not allowed to participate in the case.
"The issues presented before this court are of great public interest whose decision would affect those who are not party to this matter and this interest merits our participation," read an affidavit filed by LSK.
Procter &Gamble (Always) Kimberly-Clark (Kotex) Proctor & Gamble (Pampers), Kimberly-Clark (Huggies) and Carrefour supermarket who are listed as respondents in the case didn't object to LSK's joinder. The petitioner, Joseph Mwai, was also not opposed.
The Judge at the same time gave the petitioners time to amend their petition.
Advocate Ekuru Aukot made the request saying they will be joining over 2000 other petitioners as it's a class action suit.
"I humbly request you grant us time to regularize our paperwork and be able to bring all the 2272 petitioners as this case affects millions of men and children," he said.
His request was granted with the Judge giving them 14 days to file and serve the amendments.
Mwai filed the case in October this year alleging that the respondents are using marketing practices that are misleading and deceptive.
"They falsely advertise their products as "cotton", "cotton-like", or having "cotton benefits" when in fact these products contain numerous synthetic materials," says Mwai.
He claims that their packaging displays only three to five ingredients yet their products allegedly contain over 16 to 25 synthetic materials, some of which are unknown and undisclosed to consumers.
Based on this and other reasons, Mwai says the products pose potential health risks to women, young girls and infants who are the primary users of the products.
He seeks an order to have the respondents compelled to prominently display all the materials used in their products on the front side of their packaging.
This, he says, should be in a clear and comprehensible language.
Also sought is an order that they include on their product packaging, clear and comprehensible warnings of potential health risks associated with the use of their products, such as allergies and toxic shock syndrome.
The case will be heard in March next year.
