• MJ in his suit papers had sued Beta Healthcare International Limited, Kebs and KRA
• He claimed he was a frequent user of the condoms supplied and marketed by Beta
Image: FILE
The High Court has dismissed a case in which a man was seeking to be compensated after a condom he was using during sexual intercourse allegedly burst.
Justice Lawrence Mugambi in dismissing MJ's case said, "He is a man whose quality of honesty is shaky."
MJ in his suit papers had sued Beta Healthcare International Limited, Kebs and KRA.
He claimed he was a frequent user of the condoms supplied and marketed by Beta.
He explained how he came to realise around October 2015 that they were of dubious quality when one broke while having sexual intercourse with a stranger he had just met.
This, he says, caused him to be infected with a sexually transmitted disease.
Out of this incident, he told the court that his right to protection as a consumer under Article 46 of the Constitution was violated.
MJ in his papers said he was a sexually active man and a frequent traveller between Kisii and Nairobi.
He claimed Beta was responsible for the sale and marketing of 'Zoom condoms', which were described on its website as 'latex male condoms, electronically tested and hermetically sealed for maximum protection'.
The Zoom condoms were sold in three different variants.
Zoom condoms for maximum pleasure, Zoom chocolate scented 'to give you that attractive scent to light up your moments', and Zoom regular 'for the man who knows what he wants'.
MJ says he was fascinated by those condoms and would purchase and use them on different women whom he had sexual intercourse with in Nairobi, Naivasha, Nakuru, Kericho and Kisii.
He wanted the court to direct Kebs to recall all brands of Zoom condoms cured early being sold by Beta Healthcare in the Kenyan market.
Once recalled, he wanted the condoms to be subjected to verification of conformity to the Kenyan standards or approved specifications in their country of origin or to re-inspect the same at the port of entry.
Justice Mugambi said the particular condom that allegedly burst was not presented in court as an exhibit.
"How then can he validate that there was any condom that burst or that he even wore any?" questioned the Judge.
MJ had alleged that the condom burst due to its poor quality, but the judge said that particular condom was not subjected to any examination to support the said assertion.
"Availing used packets of condoms means nothing, one can easily collect them from dustbins of entertainment joints any day," he said.
"It neither proves that MJ used the condoms in the packets presented on the material day nor that the condom that burst while allegedly being used by MJ was in any of those pockets."
Mugambi said there was evidence that the condoms had been tested for conformity with the Kenyan standards at the point of origin by the body that had pre-export verification of conformity standards with Kebs.
Beta in response to the case affirmed that its condoms were indeed latex lubricated.
It said they had been electronically tested and hermetically sealed for maximum protection.
It also asserted that it had never received any complaints about their quality since their introduction in the market and hence was unaware of any complaints by the public as alleged by MJ.
Justice Mugambi after hearing the case said the claim by MJ that his consumer rights were violated could not stand as he did not prove the purchase of the said condom or the same being substandard.
The judge said the alleged violation of consumer right lacked merit.
"This is a man who admits that he is married. That notwithstanding, he says he cheated on his wife with several women, in different towns in various counties. Can any court rely on the sole evidence of such character without corroboration?" posed the judge.
The judge said his statements could not be validated as the woman he had slept with when the condom allegedly burst did not testify.