NAIROBI, Kenya, Jan 18 – The Court of Appeal in Nairobi has certified as urgent a public interest appeal challenging the safety, marketing and environmental impact of widely used sanitary pads and diapers in Kenya.
In its ruling, the court fast-tracked Civil Application No. 12 of 2025, arising from a High Court constitutional petition, citing the matter’s significance to public health, consumer rights, children’s welfare and environmental protection.
The case will be heard by a three-judge bench appointed by the President of the Court of Appeal and will proceed via video link. The court has also issued strict timelines requiring all parties to file responses and submissions within days, signalling the urgency of the matter.
The petition, filed on behalf of more than 15 million women and girls and 8.5 million infants, challenges the marketing of products such as Always, Kotex, Pampers and Huggies as “cotton” or “100 per cent cotton.” The applicants argue that the products are largely made from synthetic, petroleum-based materials, a fact they say is not clearly disclosed to consumers.
The case further raises concerns about alleged exposure to harmful chemicals, including PFAS, phthalates and other compounds, which studies have linked to skin irritation, infections and potential long-term health risks. The petitioners say similar substances have been detected in comparable products sold in other countries, raising concerns about products sold in Kenya.
Environmental concerns are also central to the case. The applicants argue that non-biodegradable sanitary and diaper waste contributes significantly to pollution and may violate Kenya’s environmental laws, which restrict the importation and use of hazardous and persistent waste.
In addition, the petition highlights the economic impact of imports, arguing that reliance on synthetic products undermines Kenya’s cotton farming sector and contributes to period poverty, while increasing foreign exchange losses.
The appeal invokes several constitutional rights, including the right to health, consumer protection, access to information, environmental protection and the rights of children and vulnerable groups.
The applicants welcomed the court’s decision, saying it reflects recognition of the case’s national importance, and called on stakeholders to support efforts aimed at safer products, truthful advertising and environmental justice.
