The petitioner narrated how he used his favourite brand of condoms, Zoom scented chocolate flavoured studded condoms, believing he would please his sexual partner and protect him fully but unfortunately, it broke during intercourse, reports CitizenTV Kenya.
Kenya Revenue Authority and Beta Healthcare are under fire from a dejected man who is seeking damages for allowing substandard condoms in the market.
"But while I was having sexual intercourse (it) broke, a fact I only realised after the act", he added.
According to the man whose name has been withheld, a faulty Zoom condom manufactured by the company burst while he was engaging in intercourse with a woman he was having an affair with.
The complainant identified the batch number of the condom he used that fateful day as DH1102 which had been labelled on its packet.
In the affidavit, he says that on 13 October 2014, he began to notice some rashes on his genitals and pain while urinating.
"That I became extremely anxious and it was then that I remembered the condom burst that had taken place 9 days earlier".
He said he went to a traditional healer and sought medical treatment, which eased his pain. That on 17th, my wife called and informed me that she had been admitted with an STI. She blamed me for being unfaithful and our relationship was strained thereafter.
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"I became extremely anxious and it was then that I remembered the condom burst that had taken place nine days earlier".
Court papers further conveyed that the petitioner was riddled with guilt and driven to depression and alcoholism after his wife left and his condition further led to the loss of his job.
The man claims that he was later told by his friends that some of them had experienced condom breaks from the same brand of condoms.
In case documents filed at the High Court, Mr Omworo claimed that he used the said condoms for about 10 months before he allegedly realized that they were substandard.
Through his lawyers from the firm of Charles Gomba & Company advocates, he claimed that he has learnt the said condoms were prohibited from getting into the market in Uganda because of failing to meet the required qualitative tests and was declared not fit for the intended use as it did not comply with the required ISO specifications.
The complainant also wanted Kenya Bureau of Standards (KEBS) and Kenya Revenue Authority (KRA) to compensate him for allowing such risky goods to sale in the local market and subjecting him to irreversible loss.
The unnamed man said the three failed to protect consumers by branding Zoom Condoms with the quality mark of assurance.