Bar owners now want use of breathalysers suspended

An organisation representing bars and entertainment joint owners want the use of breathalysers temporarily suspended pending further consultation with the government.

The Pubs, Entertainment and Restaurants Association of Kenya (Perak) also threatened to go to court if the government fails to agree on a round table meeting with them to review the implementation of the gadget.

While supporting government’s efforts to curb accidents caused by drunk driving, the industry players however claimed police were misusing the breathalysers.

“We are keen on partnering with the government in enhancing public awareness about the dangers of drunk driving. However we strongly feel that the stakeholders including Perak should have been involved in the process,” said the organisation’s Nairobi region chairman Patrick Muya during a press conference at a Nairobi hotel on Monday.

Vice chairman Alice Opee added, “We would like the use of alcoblow suspended temporarily until we consult further with the government, the next step would be to go to court if consultations do not happen.”

Mr Muya claimed police were intimidating patrons by standing at the entrance of establishments armed with the gadget and ready to “ambush” revellers, adding that the 0.35 alcohol limit was too general. (READ: How much alcohol is enough for the road?)

“We are concerned that alcoblow is targeting private motorists in some cases even at their gates when they (police) should be focusing on reducing road carnage. Alcoblow is concentrated in residential areas especially affluent estates where police and breakdown operators can reap big,” claimed Mr Muya.

He said different people ought to be subjected to different alcohol levels depending on gender, weight, age and years of driving adding that only a blood test would be enough to take one to court to be charged for drunk driving.

“Alcoblow should not be used as evidence to fine motorists, only a blood test can give the exact amount of alcohol in the blood. In other countries, the alcoblow result is only used as an indicator that there is a possibility of alcohol consumption,” argued Mr Muya.

Mr Muya together with Ms Apee and other officials said police were also subjecting motorist to humiliating roadside tests in the name of curbing drunk driving.

Dozens of motorists have found themselves in court after they were nabbed using the gadget which was introduced in an effort to reduce road accidents in the country.

He argued that the high number of accidents could not be attributed to alcohol intake only saying other causes were unroadworthy vehicles, poor road conditions, fatigue and unlicensed drivers among others.

Mr Muya claimed private motorists who are being targeted only cause 7 percent of road accidents in the country compared to public service vehicles.

Ms Opee, the Perak vice chairman said, “The Ministry of Transport, the police and the National Transport Safety Authority did not consult us on the alcohol threshold yet the constitution requires consultation and participation of stakeholders in the public interest.”

She added the industry was losing a lot of income as a result while other business owners would be forced to reduce their workforce.

Perak trustee Mr Gitonga Gathua also condemned the use of the gadget saying it could also put one in trouble for only “gurgling some alcohol in the mouth and spitting it out”.

ABOUT 'ALCOBLOW'

The government re-introduced breathalysers in December last year in an effort to reduce road carnage especially during the festive season. (READ: Alcoblow back to curb road crashes)

The gadget measures the amount of alcohol in a person’s breath. It then prints out results and if a driver is found to be above the stipulated threshold (0.35), he or she may be charged in court with driving under the influence of alcohol.

If found guilty, one may be liable to imprisonment for one year or a fine of Sh10,000 or both. (READ: Magistrate fined Sh20,000 for drunk-driving)

However, there has been an argument that the law relating to testing for drunk driving is not what the police are doing.

Lawyers say that in essence, the police can only stop you if you have broken a traffic law like jumping traffic lights.

It is then that the police can ask to conduct an alcohol test, but they have to give you choices of test: breathalyser, blood test, or urine test.

You have a right not to be tested unless your doctor is present.

Critics argue that what the police are doing using cameras in alcoblow testing is complete abuse of powers they do not have.

They say the Constitution protects the dignity of each individual from violation of privacy and from humiliation.