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Coca Cola sued for 'foreign object' in drink

By Judy Ogutu | August 8th 2012

By Judy Ogutu                       

A man has sued giant soft drinks manufacturer Coca Cola alleging that he found a foreign object in a soda that he had consumed.

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

Kapaiku 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 to the High Court, he claims that on or about November 5, 2011, he bought two sodas of Coca Cola only to note that it had an impurity or foreign object.

He claims he retained one of the unopened sodas but immediately thereafter he was taken ill to the hospital.

“The petitioner was seriously injured but he survived the ordeal and was taken to hospital by well wishers and thus he claims general and special damages,” his advocate claims.

Through the Law firm of Muchoki Kangata and Company, the petitioner further claims he suffered pain in the stomach, fever and loss of consciousness as well as acute food poisoning, vomiting and lack of appetite.

He alleges that he made a report to the Ministry of Public Health and the unopened soda of Coca Cola was confiscated but public health officials advised him to seek court action to enable them conduct investigations to ascertain the nature of the foreign object and thereafter claim compensation.

The respondents, he claims, have refused to take action and remedy the situation despite demands being served upon them.

He claims the respondents are guilty of breaching his rights as they had produced, advertised, sold and distributed a Coca Cola soda of poor quality.

It is also their allegation that they failed to protect his health and economic interest by selling to him a substandard product contrary to the Constitution.

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