Image: Reproductive Health Supplies Coalition
A man's request for compensation after a condom he was using during sex allegedly burst has been denied by the High Court.
Williamson Omworo's case was dismissed by Justice Lawrence Mugambi, who noted that Williamson Omworo is "a man whose quality of honesty is shaky."
Omworo had sued Beta Healthcare International Limited, Kebs, and KRA in his lawsuit filings.
He asserted that he frequently used the condoms that Beta provided and sold.
He described how one of them broke when he was having sex with a stranger he had just met in October 2015, which is when he first time realised they were of questionable quality.
He claims that as a result, he contracted a sexually transmitted illness.
He informed the court that this incident breached his constitutional right to consumer protection under Article 46.
In his documentation, Omworo claimed to be a sexually active man who frequently travelled between Kisii and Nairobi.
He asserted that Beta was in charge of the marketing and sales of "Zoom condoms," which were advertised as "latex male condoms, electronically tested and hermetically sealed for maximum protection" on its website.
Three different versions of the Zoom condoms were offered for sale.
Zoom condoms are designed for maximum gratification. They are available in regular and chocolate-scented varieties. Zoom regular is for "the man who knows what he wants."
Omworo claims he was attracted by the condoms and would buy and use them on various ladies in Nairobi, Naivasha, Nakuru, Kericho, and Kisii with whom he had sex.
He requested that the court order Kebs to recall all brands of Zoom condoms that beta healthcare was selling in the Kenyan market.
He wanted the condoms to be recalled and either reinspected at the point of entry or verified as meeting Kenyan standards or approved specifications in their country of origin.
The specific condom that reportedly exploded was not entered into evidence, according to Justice Mugambi.
"How then can he validate that there was any condom that burst or that he even wore any?" questioned the Judge.
Omworo claimed that the condom ruptured because of its low quality, but the judge ruled that no testing had been done on that specific condom to back up the claim.
"Availing used packets of condoms means nothing, one can easily collect the from dustbins of entertainment joints any day," he said.
"It neither proves that Omworo used the condoms in the packets presented on the material day nor that the condom that burst while allegedly being used by Omworo was in any of those pockets."
Mugambi claimed there was proof the condoms had undergone pre-export verification of conformity standards with Kebs testing for compliance with Kenyan Standards at the point of origin.
In reaction to the situation, Beta confirmed that its condoms were actually lubricated with latex.
They claimed that they had been electronically tested and hermetically sealed for optimal protection.
They also said that since their debut to the market, they had never had any complaints about their quality, therefore they were not aware of any problems from the general public as claimed by Omworo.
After hearing the case, Justice Mugambi stated that Omworo's claim that his consumer rights were infringed could not be upheld since he had not shown evidence of either the purchase of the alleged condom or its low quality.
The judge ruled that there was no merit to the claimed violation of consumer rights.
"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.
As the woman he had been sleeping with when the condom reportedly burst was not present to testify, the judge ruled that his claims could not be supported.
