Mwalimu-G
Elder Lister
Court Throws Out Man’s Suit Against Condom Company After Rubber Allegedly Burst During Intercourse
By Dzuya Walter Published on: August 10, 2023 01:31 (EAT)
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.
In the case, Williamson Omworo sued Beta Healthcare International Limited, the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority.
He argued that the state agencies have failed to protect Kenyan consumers by branding the consignment of Zoom Condoms with the quality mark of assurance.
The court while dismissing the evidence he brought in court – the used condom – said that availing the used packets of condoms means nothing as one can easily collect the from dustbins of entertainment joints any day.
The court further noted that the woman whom Omworo had slept with when the condom allegedly burst did not testify.
"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 packets," said Justice L.N. Mugambi.
Omworo claimed as a result of using the substandard condom, he got infected with a Sexually Transmitted Infection (STI) which he says was later passed on to his wife, something he believes would not have occurred had the condoms been of good quality.
But in its ruling, the court said “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?”
By Dzuya Walter Published on: August 10, 2023 01:31 (EAT)
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.
In the case, Williamson Omworo sued Beta Healthcare International Limited, the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority.
He argued that the state agencies have failed to protect Kenyan consumers by branding the consignment of Zoom Condoms with the quality mark of assurance.
The court while dismissing the evidence he brought in court – the used condom – said that availing the used packets of condoms means nothing as one can easily collect the from dustbins of entertainment joints any day.
The court further noted that the woman whom Omworo had slept with when the condom allegedly burst did not testify.
"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 packets," said Justice L.N. Mugambi.
Omworo claimed as a result of using the substandard condom, he got infected with a Sexually Transmitted Infection (STI) which he says was later passed on to his wife, something he believes would not have occurred had the condoms been of good quality.
But in its ruling, the court said “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?”
