Court sets hearing dates in defective condoms case

Dec 01, 2020

Edward Kintu, not real name, claims that in October 2019, he bought a packet of Lifeguard condom batch No 1904205 from a drug shop in Kapeeka, Nakaseke district, but it burst during sex, hence exposing him to unprotected sex.

COURT|DEFECTIVE|CONDOMS

KAMPALA - The Civil Division of the High Court in Kampala will on December 16, start hearing a case in which National Drug Authority (NDA) is accused of authorising release of defective condoms to the public. 

NDA is being sued together with Marie Stopes Uganda, a seasoned importer of health-related products and Attorney General by Enforcement of Patients and Health Workers Rights (EPHWOR) and some of the people who used the condoms (names withheld). 

The case was scheduled to be heard Tuesday (December 1, 2020) but High Court judge Musa Ssekaana deferred the case to December 16 because Marie Stopes Uganda and Attorney General had not filed their responses to the allegations. 

Solomon Akenda (L), Patience Birungi (M) and Amon Aruho Kategaya (R) appearing at the Civil Division of the High Court in Kampala for the hearing of defective condom case on December 1, 2020. Photos by Michael Odeng


The petitioners want Marie Stopes Uganda's license concerning the importation and distribution of condoms revoked. 

They further want court to direct government to conduct mass testing of people who used the defective Life Guard condoms with batch numbers 19040205 and 19050105 and to provide treatment to all persons found to be infected as a result of using them. 

"Government and NDA should also be directed to revise their regulatory and supervisory mechanisms on the control and prevention of HIV/AIDS and other STDs," petitioners lawyer Amon Aruho Kategaye contends. 

They also want government directed to carry out an audit on the defective Life Guard condoms on the market arguing that it allegedly failed to effectively prevent and control HIV transmission by allowing defective condoms on the market. 

Edward Kintu, not real name, claims that in October 2019, he bought a packet of Lifeguard condom batch No 1904205 from a drug shop in Kapeeka, Nakaseke district, but it burst during sex, hence exposing him to unprotected sex. 

Court documents indicate that Kintu tested HIV-negative in June and September 2019. However, he tested HIV-positive on November 6, 2019, which he blames on the defective condoms. 

Sulaiman Balinya (not real names) argues that he purportedly contracted gonorrhea while Joyce Birungi (not real names) says got pregnant after using the defective condoms. 

The defectiveness of Lifeguard condoms came to light in November 2019 when former state minister for Health Sarah Opendi told parliament that two batches of Lifeguard Condoms No. 1904205 and No. 19050105 had been illegally rolled to the public and without following the prescribed procedure by Marie Stopes. 

NDA is being sued together with Marie Stopes Uganda, a seasoned importer of health-related products and Attorney General.


She added that after they were tested and analysed by National Drug Authority, they were found to be defective. 

Following Opendi's declaration, NDA recalled the said batches of Lifeguard condoms that were illegal on market and had failed a test of freedom from holes and burst properties. 

The petitioner's lawyers however insist that 25% of the impugned condoms were never recalled. 

NDA defence 

NDA Secretary David Nahamya concedes testing the condoms but denies having authorised its release for public consumption. 

"Upon taking out samples for testing and analysis on July 27, 2019, we conditionally released the subject goods to the importer (Marie Stopes Uganda) to ‘quarantine' the same pending the release of the test and analysis results but we were also shocked to learn that they had been released to the public," Nahamya contends.

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