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4 July 2018

Kenya: Zoom Condoms Unfit for Use, Court Told

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(File photo)

A Nairobi resident has gone to court to protest against illegal marketing, sale and distribution of Zoom condoms.

Mr Williamson Nyakweba Omworo on Tuesday sued Beta Healthcare, Kenya Bureau of Standards (Kebs) and Kenya Revenue Authority for the sale of the condoms, which he believes are substandard.

In case documents filed at the High Court, Mr Omworo said he used Zoom condoms for about 10 months before he realised they were substandard.

Being a frequent traveller between his home in Kisii and Nairobi, he said he bought them from various shops, pharmacists and entertainment joints in different towns. However, he said he contracted sexually transmitted infections despite using the condoms. Some of the women he was involved with became pregnant, he told the court.

BANNED

Through Charles Gomba & Company advocates, he said he has learnt Zoom condoms were banned from the market in Uganda because of failing to meet the required qualitative standards and were declared unfit for use.

He told the court that a demand letter he wrote to Kebs seeking to know whether they approved the condoms, did not answer his questions as the agency has been evasive about the issue.

He argued that there was collusion between the sued parties to mask the fact that the condoms did not measure up to the required safety and health standards hence violated his rights as a consumer.

"I bring this petition as an individual and as a matter of public interest on behalf of the citizens of Kenya as the issues raised herein affect their health and safety," said Mr Omworo.

SAFETY

He further told the court that his right to goods of reasonable quality, information, protection of health safety among others were violated.

He accused Beta Healthcare, which markets the product, of failing to protect his health, safety and economic interest by supplying condoms that exposed him to the risk of contracting STIs, HIV/Aids and the mental anguish of exposing his partners to the same risk besides unwanted pregnancies.

"It is imperative and it's indeed economical use of precious judicial resources of time to certify this matter as urgent, set it down for a hearing on a priority basis in order to prevent other Kenyans from being exposed to STIs and HIV/Aids due to the fact that Beta Healthcare continues to distribute and sell the same brand of condoms to the unsuspecting public," said Mr Omworo.

UNFAITHFUL

Since he contracted STIs, lost his wife who accused him of being unfaithful, lost his job and continues to suffer mental anguish, he wants to be compensated for his medication among other reprieves from court..

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