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Names Of Witnesses To Testify In The Funyula Residents Against Coca-Cola Case



On 16th June this year, Kenyan Insights reported that Stephen Serulo, Zablon Barasa and Mr Richard Sikudi had sued the Atlanta-based company, its Africa subsidiaries (Coca Cola Central, East and West) and local agent Equator Bottlers Limited in Funyula on behalf of 55 other complainants.

The three petitioners had taken the soft drinks giant Coca Cola to Court after one of their distributor sold them contaminated drinks. In the petition, on behalf of other complainants, petitioners say they bought soft drinks in separate ceremonies last year.

More than 10 witnesses have since been summoned to appear in person before the Busia High Court in November to testify in a case where by 58 people had sued Coca-cola company for allegedly selling them contaminated soda drinks.

In a letter dated October 15, 2019 written and signed by the Busia Deputy High Court registrar, Phoebe Kulecho, the witnesses have been ordered to appear in court in person on November 18, 2019.


Whereas your attendance is required to give evidence as per Court Order in the above suit, you are hereby required personally to appear before this court on the 18 November, 2019 in the forenoon to produce laboratory analysis results vide Ref No. MPHS/DC/125 dated 30 July, 2012 and to be present at all times until your presence is dispensed with by the court,” the letter said.

Among those expected to testify include Mr. Kepha Ombacho Busia county Environmental Health officer, Mr. J.K Kibathi from the Government Chemist and Mr Antony Irungu from Kenya Bureau of Standards (Kebs)

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The other witnesses whom the letter was addressed to include Mr. Martin Nyakiano, Mr. Felix Omondi, M/s Catherine Were, Mr. Seth Ngoso (Kebs), Mr Emmanuel Luvai (former District Public Health Officer) and Mr. Wilson Kosgey.

Some of the complainants who have since been enjoined in the petition have been having complications for over over 4 years now.

Dr. Sande Charo, Medical superintendent at Busia County referral Hospital confirmed to the court through a medical report that some of 60 patients were confirmed sick by the hospital and got their treatment there. Dr Charo told this writer that most of them were treated for food poisoning and given strong antibiotics.


In December 2018, Coca Cola, through Anjarwalla and Khanna Advocates, tried to blackmail the plaintiffs’ lawyers to consider the compensation package.

The petitioner said Coca cola has been trying an out-of-court settlement with them. The drink giant was offering Sh45,000 through their lawyers as an individual compensation cut.

They turned down the deal saying its a blackmail by the company’s law firm and totally unrealistic for the massive damage their substandard drink caused.




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