Court halts use of alcoblow to nab drunk drivers
The Court of Appeal has stopped the use of alcoblow to arrest drunk drivers.
Judges GBM Kariuki, Fatuma Sichale and Festus Azangalala have ruled that the law that introduced the use of breathlysers is inconsistent with the Traffic Act hence illegal.
The judges directed Parliament to review that law.
In the case, two bar owners had sued the Transport Cabinet Secretary, National Transport and Safety Authority, Inspector General of Police, Director of Public Prosecutions and Attorney General among others while challenging the use of breathlysers.
According to the judges, breathylsers rules do not create an offense with section 44 and 45 of the Traffic Act.
They pointed out that no one can be charged as per the breathyliser rules.
But they also said that there is need to prohibit drunk drinking because it is still dire, hence urged the sued parties to move with speed and find a remedy.
The High Court had initially ruled that the Transport CS has powers to create the disputed law and dismissed the case.