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 consumer case involving more than 2,800 Kenyans and global manufacturers Procter & Gamble and Kimberly-Clark.

The case, filed by Joseph Mwai and 2,863 others, accuses the firms of misleading labeling of hygiene products such as Always sanitary pads, Pampers diapers, Kotex and Huggies.

When the application for leave to appeal came up on March 10, the court declined to hear the matter, citing improper constitution of the bench after one of the judges had previously handled the case at 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 ruled, directing that the matter be removed from the hearing list.

The court ordered that the case be reassigned on a priority basis to a differently constituted bench. No orders were made on costs.

The dispute stems from a 2024 constitutional petition filed at the High Court in Nairobi, where the applicants allege misleading advertising and product misrepresentation.

At the centre of the case are claims that some products were marketed as “100% cotton” or “pure cotton” despite allegedly containing synthetic materials such as polypropylene and polyethylene.

The petitioners argue the issue also has economic implications, saying reliance on imported synthetic hygiene products could undermine Kenya’s cotton and textile industry.

They further raised concerns about potential health effects linked to prolonged use of synthetic materials, though these claims remain contested in court.

The companies have maintained in similar cases globally that their products meet safety standards and comply with applicable labeling laws.

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