NTSA makes major announcement on Alcoblow ruling

A court ruling dismissed a case that sought its suspension saying that it had been misinterpreted.

The National Transport and Safety Authority (NTSA) on Monday said it will not relent in its operations against drunk driving.

During a media briefing on Monday, Director General Francis Meja maintains it will continue with the crackdown on drunk-drivers.

The NTSA Director General said they will continue to enforce the use of Alcoblow to arrest drunk drivers despite a court ruling that dismissed a case that sought its suspension saying that it had been misinterpreted.

The Court of Appeal had ruled that the Traffic Breathylser commonly known and Alcoblow was badly drafted and, therefore, does not create an offence.

“No one can be charged under Rule 3(1) of the Alcoblow Rules,” the court ruled.

Traffic Act

The three-judge bench led by Justice GBM Kariuki further ruled that the Alcoblow rules do not create an offence independent of Section 44 and 45 of the Traffic Act adding that the said rules are incapable of creating an offence.

However, Meja said driving under the influence of alcohol is an offense and those found culpable will be dealt with accordingly.

However soon after the court ruling, NTSA said it would continue executing its mandate to keep Kenyan roads safe despite the court ruling.

“NTSA informs members of the public that driving under the influence of alcohol is an offence and that the authority will continue to execute its mandate so as to keep our roads safe,” Meja said.

However on Monday, a Nairobi court released motorists arrested for failing the Alcoblow test, saying the Act was declared unlawful last week.

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