Court of Appeal declares Alcoblow breathalysers illegal
A motorist undergoes a breathalyser test. The Court of Appeal has barred the use of the breathalysers the use of breathalysers to arrest drunk drivers. FILE PHOTO | SULEIMAN MBATIAH | NATION MEDIA GROUP
The Court of Appeal has stopped the use of Alcoblow to arrest drunk drivers.
Judges GBM Kariuki, Fatuma Sichale and Festus Azangalala on Friday ruled that the law that introduced the use of breathalysers is inconsistent with the Traffic Act, hence illegal.
NO OFFENCE
The judges directed Parliament to review that law in a case filed by two bar owners in Nairobi.
The investors initially sued the Transport Cabinet secretary, National Transport and Safety Authority, the Inspector-General of Police, Director of Public Prosecutions and Attorney-General, among others.
According to the judges, breathalyser rules are not inconsistent with section 44 and 45 of the Traffic Act but are incapable of creating an offence.
They pointed out that no one can be charged as per the breathalyser rules.
SOLUTION
They, however, observed that there is a need to prohibit drink-driving because it a big problem on Kenyan roads and called on the sued parties to move with speed and find a remedy.
The High Court had initially ruled that the Transport minister has powers to create the disputed law and dismissed the case.
This forced the matter to be taken to the appellate court, which has now ruled in the petitioners’ favour.
