Last year East African Breweries Limited was slapped with a lawsuit as one lawyer in Eldoret alleged to have found a used condom in a Tusker bottle.

Now the tables have turned and EABL is suing him for malicious prosecution claiming that his actions were meant to defame the company. The lawyer, one Richard Maina, claimed to have fallen ill, vomited and experienced psychological torture after discovering the ‘used condom’.

Now, EABL has provided proof that the plaintiff (Richard) actually opened the beer bottle placed the condom in it. The company further argued that their bottling system is in state of the art condition and would not allow through such a large impurity without detection.

While demanding for damages the Company’s lawyer stated, “EABL is not just ISO-certified. The company was recently re-certified to international standards for quality and food safety. More so, their ingredients sourcing procedures are so strict that such reckless mistakes would never occur under whatever circumstances.”

He continued to reason that the condoms are part of the company’s production line and that EABL being certified to local regulatory standards and accredited by the Kenyan Bureau of Standards would be that negligent.

Richard lost ground by failing to produce the bottle for laboratory testing. He claimed that presenting it before a court would only work against his claim as it would only show that the bottle was opened and stuffed with the latex. He also failed to show proof that he had fallen ill, experienced the trauma, mental anguish or even sought medical attention after drinking the allegedly contaminated alcohol.

The company lawyer also demanded that Maina proves he personally bought the beer.

Richard may be facing tougher days ahead as the Law Society of Kenya instituted investigations into his profile. If found guilty of gross misconduct by LSK, Maina may be deregistered and barred from practicing law.