A man who sued a company over condom burst must have worn the wrong size and his case should be dismissed, a court has been told.

The man had sued Beta Healthcare and Kenya Bureaus of Standards over a ‘fake’ Zoom condom that he said burst during intercourse.

Beta Healthcare says that condoms come in sizes and every man, depending on how much endowed or less endowed, ought to use the right size.

On his part, the man says when he bought the condom, he believed it would please his partner and fully protect him but it broke.

As a result, he ended up infecting his wife, who has since left him, with a sexually transmitted infection.

On October 17, his wife called and informed him that she had been hospitalised with an STI.

"My wife blamed me for being unfaithful and our relationship was strained afterwards," the affidavit reads.

The man says he has suffered major losses as a result of the condom burst, including losing his wife.

"My wife then became estranged and later left me for another man. After my wife left me, I became distressed, burdened with guilt and even had a mental breakdown, which led me to be an alcoholic and I lost my job."

But the company wants the court to dismiss the man's case as it is a waste of judicial time.

Beta Healthcare says the man cannot be believed because though he claims to be married, he seems to have cheated on his wife with many women.

"Such a man can lie again. Much as he has recorded that he is a married man, he has admitted to being an infidel, unfaithful, untrustworthy, and a perpetual cheat who would stop at nothing but cheat on his wife for the sole purpose of quenching his savage sexual thirst," reads the reply by Beta Healthcare in part.

It added: "Accordingly, the honourable court ought not to entertain petitioner’s allegations because if the petitioner can cheat on his wife not once but severally with other women, it is possible that he lied while commencing the petition herein for the sole purpose of achieving a malicious intention."

And based on the extramarital affairs that the man had, the company said, he has himself to blame for any trouble in his relationship.

"The petitioner is solely responsible for his misfortunes and he cannot assert that the first respondent (Beta) is responsible for his marital problems, mental distress, alcoholism and the loss of his job," said Patel.