Court refuses to stop the use of Alcoblow

Drunk motorists still risk being arrested after the High Court declined to stop the use of breathalysers Friday.

Lady Justice Mumbi Ngugi said she could not suspend Alcoblow until she hears the main application challenging the use of the breathalyser.

Several drunk drivers have been charged and fined up to Sh100,000.

Mr Richard Dickson Ogendo, had filed the case seeking that the use of Alcoblow be suspended until his petition is heard and determined.

He argued through lawyer Gitobu Imanyara that its use was a breach of drivers’ right to dignity and should be declared unconstitutional.

But Justice Ngugi said: “My inclination is alive to the implications of the orders being sought given that the rights of a living person are not more than those of a dead person. In the circumstances, I will not grant the orders until the main application.”

She also allowed Pottermark Limited, the company distributing the gadget, to be enjoined in the suit as an interested party.

Mr Ogendo said Alcoblow was unlawful because the rules governing its use were not tabled in Parliament as required by law and that there was no public participation in its passage.

“The rules do not provide for the disposable mouthpieces to be handed over to the person on whom it has been used, hence the chances for their re-use are not eliminated,” said Mr Ogendo. The Attorney-General, through State counsel Mwangi Njoroge, argued that the law on the use of Alcoblow had been in force for over three years.

“The law has been in force for several years and it will not be fair to stop what has been in place. Drink driving is a serious offence and the court needs to weight the balance of probability between the right to life and right of a drunk driver,” said Mr Njoroge.

Drink driving carries a fine not exceeding Sh100, 000 or imprisonment of not more than two years. The case will be heard on March 10.