Appeal court defers P&G, Kimberly-Clark case over bench constitution

NAIROBI, Kenya, Apr 8 – The Court of Appeal of Kenya has deferred proceedings in a shopper case involving greater than 2,800 Kenyans and world producers Procter & Gamble and Kimberly-Clark.

The case, filed by Joseph Mwai and a couple of,863 others, accuses the corporations of deceptive labeling of hygiene merchandise comparable to Always sanitary pads, Pampers diapers, Kotex and Huggies.

When the applying to depart to attraction got here up on March 10, the court declined to listen to the matter, citing improper constitution of the bench after one of many judges had beforehand dealt with the case on the High Court.

“Taking into account the fact the intended appeal is against the directions by Mwita, J., this bench is not properly constituted,” the court dominated, directing that the matter be faraway from the listening to checklist.

The court ordered that the case be reassigned on a precedence foundation to a in another way constituted bench. No orders had been made on prices.

The dispute stems from a 2024 constitutional petition filed on the High Court in Nairobi, the place the candidates allege deceptive promoting and product misrepresentation.

At the middle of the case are claims that some merchandise had been marketed as “100% cotton” or “pure cotton” regardless of allegedly containing artificial supplies comparable to polypropylene and polyethylene.

The petitioners argue the difficulty additionally has financial implications, saying reliance on imported artificial hygiene merchandise may undermine Kenya’s cotton and textile business.

They additional raised issues about potential well being results linked to extended use of artificial supplies, though these claims stay contested in court.

The firms have maintained in comparable instances globally that their merchandise meet security requirements and adjust to relevant labeling legal guidelines.

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