A man who sued a company over condom burst
must have worn the wrong size and his case should be dismissed, a court has been told.
The man had sued Beta Healthcare and Kenya Bureaus of Standards over a ‘fake’ Zoom condom that he said burst during intercourse.
Beta Healthcare says that condoms come in sizes and every man, depending on how much endowed or less endowed, ought to use the right size.
Chirag Patel, an employee of Beta Healthcare, said the man did not produce any evidence to show the court that he indeed asked for right size that fit him.
"I am aware of the fact that if one puts on a condom that does not match his size, there is a high chance of rupturing," Patel said.
"If at all the petitioner wore Zoom condom (which he has to prove) it is possible that it was not the right size. That is why perhaps it ruptured, an allegation he still has to prove."
The company wants the court to dismiss the man's case as it is a waste of judicial time.
Beta Healthcare says the man cannot be believed because though he claims to be married, he seems to have cheated on his wife with many women.
"Such a man can lie again. Much as he has recorded that he is a married man, he has admitted to being an infidel, unfaithful, untrustworthy, and a perpetual cheat who would stop at nothing but cheat on his wife for the sole purpose of quenching his savage sexual thirst," reads the reply by Beta Healthcare in part.
It added: "Accordingly, the honourable court ought not to entertain petitioner’s allegations because if the petitioner can cheat on his wife not once but severally with other women, it is possible that he lied while commencing the petition herein for the sole purpose of achieving a malicious intention."
And based on the extramarital affairs that the man had, the company said, he has himself to blame for any trouble in his relationship.
"The petitioner is solely responsible for his misfortunes and he cannot assert that the first respondent (Beta) is responsible for his marital problems, mental distress, alcoholism and the loss of his job," said Patel.
The company further defended the Zoom brands saying it meets the standards by both KRA and Kebs.
On his part, the man says when he bought the condom, he believed it would please his partner and fully protect him but it broke.
As a result, he ended up infecting his wife, who has since left him, with a sexually transmitted infection.
"That I was fully aware of the dangers of having unprotected sex and decided to use my favourite brand of condoms, being the Zoom scented chocolate-flavoured studded condoms, which I believed would please the woman and protect me fully," he said.
In his sworn affidavit, the man says he contracted a sexually transmitted infection after the condom broke, a fact he says he realised after the act.
"That at the time, I brushed the incident [aside] as a non-issue and three days later I still had sexual intercourse with my wife,” he said.
The man also fears he has been exposed to HIV.
According to him, Beta, Kebs, and KRA allowed a consignment that is of questionable quality to be sold to unsuspecting Kenyans.
He says that on October 13, 2014, he began to notice some rashes on his private parts and pain while urinating.
He then went to a traditional healer and sought medical treatment, which eased his pain.
However, the pain worsened days later and he sought treatment at a clinic, where he was diagnosed and treated for an STI.
"I have since gone back to the clinic and obtained a medical report."
On October 17, his wife called and informed him that she had been hospitalised with an STI.
"My wife blamed me for being unfaithful and our relationship was strained afterwards," the affidavit reads.
The man says he has suffered major losses as a result of the condom burst, including losing his wife.
"My wife then became estranged and later left me for another man. After my wife left me, I became distressed, burdened with guilt and even had a mental breakdown, which led me to be an alcoholic and I lost my job."
The man claims that he was later told by his friends that some of them had experienced condom breaks from the same brand.
The case will be heard on April 3.
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