The Coca Cola company is battling a court case filed by 58 consumers who accuse the company of selling contaminated drinks to them.
According to documents in our possession, the consumers, most of whom are Busia residents developed abdominal pains immediately after taking the drinks, and were admitted at different hospitals in Busia.
The incidence happened in 2010, and the company (Coca Cola Central, East and West Africa) has been trying to secure an out of court settlement, offering the affected persons Ksh45,000 each, a move which has flopped.
A report by the then Busia County Referral Medical Superintendent Sande Charo lists 60 patients who were treated for abdominal pains as a result of taking the drinks. According to the medic, the patients suffered acute abdominal pain, diarrhoea, nausea and vomiting, with general body weakness. Most of them were treated for food poisoning and given antibiotics.
Media reports indicate that two have died since then, but their deaths are not related to the drinks.
Kenya Bureau of Standards (KBS) took samples of the drinks for testing, which revealed that they did not meet the required food standards.
However, this was after a tussle with the affected consumers, with some letters showing that KEBS officials were demanding a Ksh297,000 travel allowances.
On Monday, two of the petitioners, Mr Nicholas Okumu and Mr John Osiako, appeared before Justice Waweru and were cross-examined by defence lawyers.
The case will continue on November 18.