The High Court dismissed a case in which a man sought compensation after a condom he used during sexual intercourse reportedly burst.
Williamson Omworo filed a lawsuit against Beta Healthcare International Limited, the Kenya Bureau of Standards (KEBS), and the Kenya Revenue Authority.
He said that state institutions had failed to protect Kenyan customers by labeling the shipment of Zoom Condoms with the quality assurance mark.
While dismissing the evidence he presented in court – the used condom – the court stated that having access to used condom packets means nothing because one can readily acquire them from the dustbins of entertainment establishments on any given day.
The court also noted that Omworo’s partner at the time the condom reportedly burst did not testify.
“It neither proves nor disproves 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,” Justice L.N. Mugambi stated.
Omworo stated that as a result of using a subpar condom, he became infected with a Sexually Transmitted Infection (STI), which he later passed on to his wife, something he claims would not have happened if the condoms had been of higher quality.
However, 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?”
