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A judge in Nairobi has thrown out a case in which a man was seeking to be compensated after claiming a condom he was using allegedly burst as he and his lover enjoyed themselves in 2014.

The incident, the married man said, occurred after he met a woman when they attended a wedding in Kisii county. But what would otherwise have been the crowning of a happy occasion ended in premium tears after the woman allegedly infected the man with a sexually transmitted disease.

On Thursday, Justice Lawrence Mugambi of Milimani Constitutional and Human Rights Division dismissed the man’s case for lack of merit. According to him, the evidence adduced in court was clearly inadmissible because he could neither prove purchase of the said condom nor the fact that he used it. He also failed to demonstrate that that particular condom was sub-standard.

“The alleged violation of consumer rights of the petitioner thus lacks merit,” Justice Mugambi ruled in the case filed by the man who could not be named for legal reasons. “The claim that his right to highest standard of healthcare under Article 43 (1) was violated is also based on the same facts. Accordingly, it is equally unsustainable.”

The man had sued Beta Healthcare International Limited, Kenya Bureau of Standards and Kenya Revenue Authority, accusing them of allowing substandard condoms in the market.

According to the petitioner, he was a frequent user of the products but came to realise in or around October 2014 that they were of dubious quality when one broke while he was enjoying a tryst with a stranger he met while at a wedding.

He thus contended that his right protection as a consumer under Article 46 of the Constitution was violated.

“Tied to this, was the right to health under Article 43 as the poor quality of the condoms had a direct bearing on my sexual and reproductive health,” the man informed the court during the hearing of the case.
The firm, in its response said the evidence produced was inadmissible.
Justice Mugambi concurred with the firm, saying that the used packets meant nothing because one can easily collect such from dustbins at entertainment joints any day. The court further noted that the woman whom petitioner had allegedly slept with did not testify.

“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 a character without corroboration?” the judged asked, effectively pouring cold water on the man’s case.