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Alcoblow use contested as unconstitutional

The use of Alcoblow to arrest and fine drunken drivers could soon be a thing of the past if an court petition challenging its usage succeeds.

Lawyer Gitobu Imanyara has filed a case seeking orders that it be set aside over its unconstitutional rules.

Mr Imanyara argued that the said rules were never tabled in Parliament by former Transport minister as required by the law and hence the continued use of the gadgets goes against the law.

The lawyer also said the charges faced by offenders were illegally framed because they depended on evidence taken from the suspects.

“The manner in which evidence is obtained is unlawful because it relies on self-incriminating evidence. This is contrary to the provisions of the constitution,” said the lawyer.

He added that in 2006, the use of the breath test was suspended by the High Court because of its hygiene standards.

Though the police have introduced disposable kits, there is no guarantee they are not reusing them, he said.

“The so called disposable kits are not being handed over to the drivers and the allegations that they are not being reused cannot be guaranteed. There are chances the police could be using the same kit on more than one driver,” said Mr Imanyara.

The new developments are likely to attract intense debate from the various stakeholders among them bar owners, drivers and the reinforcing authority.

Several drivers have found themselves in police custody after the test and some bar owners recently proposed to employ drivers to take their customers home.