10 witnesses to testify in Coca-Cola Busia contaminated drinks case

At least 10 witnesses have been summoned to appear before a Busia judge next month to testify in a class action suit where 58 people have sued soft drinks giant manufacturer Coca-Cola for allegedly selling contaminated drinks nine years ago.

High Court judge Kiarie Waweru indicated the judgment on the long-running legal tussle may be delivered before the end of this year.

Efforts by Coca-Cola to reach an out-of-court settlement had failed after the Funyula residents rejected a proposed compensation at the rate of Sh45,000 each.

The residents, through petitioners Stephen Serulo, Zablon Barasa and Richard Sikudi, sued the Atlanta-based company, its Africa subsidiaries (Coca- Cola Central, East and West) and local agent Equator Bottlers on behalf of 55 others.

The petitioners had earlier presented medical results in court showing that they were treated for food poisoning after most of them complained of acute abdominal pain, diarrhoea, nausea and vomiting.

In a letter dated October 15, 2019, written and signed by Deputy Registrar of the High Court Phoebe Kulecho, those summoned must present themselves in person on November 18, 2019.

She warned that anybody who defies the directive to appear in court on the said date would be subjected “to consequences of non-attendance.”

Dr Kepha Ombacho, the former director of public health, and currently in charge of environmental health, Mr Antony Irungu of the Kenya Bureau of Standards and a Mr JK Kibath from Government Chemist, are among the summoned witnesses.

“Whereas your attendance is required to give evidence as per Court Order in the above suit, you are hereby required personally to appear before this court on November 18, 2019 in the forenoon to produce laboratory analysis results ..,” the letter read in part.

Others are Martin Nyakiano, Felix Omondi, Catherine Were and Seth Ngeso from Kebs, Emmanuel Luvai (the then District Public Health Officer) and Wilson Kosgey.

The claims that the consumers took contaminated soda was corroborated by witness statement of the Kebs quality assurance officer Jared Omondi that was presented in court.

In his testimony, Mr Omondi said the samples were taken from various parts of Funyula and were analysed at laboratories in Kisumu and Nairobi. The soft drinks, he alleged, were later found to have been contaminated.

Kebs, relying on the results from the samples, filed a case against Equator Bottlers at the Kisumu High Court.

Equator chief executive pleaded guilty and was fined Sh100,000 or six months in default.

On June 12, 2019 High Court Judge Kiarie Waweru set November as the last hearing date of the case that was filed on September 25, 2014 at the Busia High Court.

In December 2018, Coca Cola, through Anjarwalla and Khanna Advocates, requested the plaintiffs’ lawyers to consider the compensation package as a final settlement of the matter.