Alcoblow case urgent, rules judge
What you need to know:
- High Court Judge Mumbi Ngugi directed a motorist who lodged the petition to serve the Attorney General and the National Transport and Safety Authority with the suit papers before Friday, when the parties return to court for further orders.
A case seeking to stop police from using the Alcoblow was yesterday certified as urgent.
High Court Judge Mumbi Ngugi directed a motorist who lodged the petition to serve the Attorney General and the National Transport and Safety Authority with the suit papers before Friday, when the parties return to court for further orders.
Mr Richard Dickson Ogendo, through lawyer Gitobu Imanyara, filed the petition, saying, the breathalyser is unhygienic and its use violates the Constitution.
The High Court outlawed its use in 2006 after drivers raised similar concerns, but the authority reintroduced it early this year. Mr Imanyara argued that the manner in which the Alcoblow rules were being enforced amounted to humiliation and breach of a persons “inherent dignity.”
“Calling the media to record usage of the breathalyser contravenes the right to be respected,” Mr Imanyara said.
Mr Imanyara also claimed the police were using the gadget to make money. He said the law prohibits reliance on self-incriminating evidence. Drink-driving attracts a Sh 100,000 penalty or imprisonment for two years.
