Man Loses Court Case Against Firm After Condom Bursts During Sexual Intercourse

The High Court on Thursday, August 10 dismissed a case in which a man was seeking compensation from a condom company after one of its products allegedly burst while he was using it during sexual intercourse.

Williamson Omworo had in 2018 sued Beta Healthcare International Limited, the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority (KRA) over the quality of the condoms he used while in action.

He accused the state agencies of failing to protect Kenyan consumers from the risks of unwanted pregnancies and Sexually Transmitted Diseases (STDs) by branding the consignment of Zoom Condoms with the quality mark of assurance.

Omworo had presented the evidence, being the used condom, in court, but the High Court dismissed it explaining that availing the used packets of condoms means nothing as one can easily collect the from dustbins of entertainment joints any day.

Outside the Milimani Law Courts. /FILE

The court also found 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," ruled Justice Lawrence Mugambi.

Omworo claimed that he got infected with a Sexually Transmitted Infection (STI) as a result of using the low-quality condom, which he said was passed onto his wife later on, a matter he believed would not have occurred if the condoms were of good quality.

The wife had later left the union after learning that the husband had been philandering, a break up he later claimed had led to his mental breakdown that made him turn to alcohol, which resultantly cost him his job.

He added that he was a sexually active man and a frequent traveller between Kisii and Nairobi. He claimed that his rights were flouted by Beta Healthcare's supposed market malpractice by pushing condoms he said were substandard and demanded compensation for the amount of losses suffered.

He claimed Beta was responsible for the sale and marketing of 'Zoom condoms' which were described on its website as 'latex male condoms, electronically tested and hermetically sealed for maximum protection'

The Zoom condoms were sold in three different variants, that is, Zoom condoms for maximum pleasure, zoom chocolate scented' to give you that attractive scene to light up your moments' and Zoom regular 'for the man who knows what he wants

He added that he was fascinated by those condoms and would purchase and use them on different women that he had sexual intercourse with within Nairobi, Naivasha, Nakuru, Kericho and Kisii.

He wanted the court to direct KEBS to recall all brands of Zoom condoms currently being sold by Beta Healthcare in the Kenyan market and the condoms to be subjected to verification of conformity to the Kenyan standards or approved specifications in their country of origin or to re-inspect the same at the port of entry.

The court however ruled that “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?” while terming Omworo as a man whose quality of honesty was shaky.