Coca Cola wants Kenyan man denied orders

By Judy Ogutu    

Coca Cola Africa Limited has urged the High Court not to grant temporary orders to a man claiming he found a foreign object in a soda.

The firm has in a preliminary objection filed at the High Court said that the suit by Stephen Saitoti Kapaiku is not a constitutional matter.

Kapaiku has sued Coca Cola Sabco Nairobi Bottlers Limited and Coca Cola Africa Limited. The Ministry of Public Health and Sanitation is named as an interested party in the suit.

He has asked the court to give him an order compelling the Public Health and Sanitation Ministry (Ngong division) to conduct a search and ascertain the nature of the foreign object in the Coca Cola soda and thereafter submit a report to the court and parties in the suit.

In a petition, he claims that on or about November 5, 2011, he bought two Coca Cola sodas only to note that there was an impurity or foreign object inside.

He claims he retained one but immediately thereafter was taken ill and taken to the hospital.