State health agencies confirm soda failed tests

The perimeter fence of Equator Coca Cola Bottlers in Kisumu. [Photo: Courtesy]

The Director of Public Health Kepha Ombacho has told the court that foreign bodies were found inside a bottle of soda that was taken for analysis in the government chemist following a complaint from a Funyula resident.

Mr Ombacho was testifying in a case where 60 Busia locals have sued the Coca-Cola Company, Coca-Cola Central, East and West Africa and Equator Bottlers as the 1st, 2nd and 3rd defendants respectively at the Busia High Court.

Ombacho told Justice Kiarie Waweru that the complainant who raised the matter had not opened the bottle of soda. According to him, particles are not supposed to be part of the soda.

“Complainant came to my office with full unopened soda. I directed the soda be taken for analysis at the government chemist.  The results showed that foreign bodies were present in the soda,” said Ombacho.

Ombacho, however, could not tell whether the foreign content was harmful to the health of consumers but insisted that particles are not supposed to be part of the soda.

“The soda had also a white layer. Particles are not supposed to be part of the soda,” said Ombacho.

The then Kenya Bureau of Standard (Kebs) Quality Assurance Officer in Kisumu Phanice Ongachi also told the court that she was tasked to visit Funyula after complaints were raised.

She went to the ground and collected samples from Funyula market and its environs randomly. Ms Ongachi said tests were done and later on it was noticed that eight samples failed the tests.

“The samples were not compliant with set standards,” said Ongachi. Earlier, the Principal Quality Assurance Officer at Kebs Wilson Kosegei submitted to the court the charge sheet to prove that the Chief Executive Officer of the Equator Bottlers was charged after the drinks failed the tests.

The CEO of the Equator Bottlers pleaded guilty in the criminal case 172 of 2014 and was subsequently fined a paltry Sh100,000 or be jailed for six months in default.

Attempts by the Atlanta-based firm in the United States of America to have the matter settled out of the court hit a snag after the victims rejected their offer.

The court documents show that the beverage manufacturer had proposed to pay the 58 who filed the case at the Busia High Court in 2014 some Sh45,000 each as compensation for consuming contaminated soda.

The case was filed on September 25, 2014, by Zablon Barasa and Richard Bwire both from Funyula and Stephen Serulo from Matayos constituency on behalf of the other 57.

Two namely Calistus Okoch from Matayos and Sarah Nabwire from Funyula have since died although their death is not related to the consumption of the soda that had impurities. The hearing of the case continues.