A motorist takes an alcoblow test. The NTSA has insisted it will file a new lawsuit to seek clarification of last week’s Court of Appeal verdict on breathalyser rules. [PHOTO/nation.co.ke]
There is fresh battle on drink-driving just days after a court ruled to illegalise the use of alcoblow tests by the National Transport and Safety Authority (NTSA).
According to the ruling, NTSA will nolonger be able to conduct the test on drivers and no court will sit to listen to a case over the same.
However, NTSA insists that the Court of Appeal verdict must be clarified, adding that the ruling has put into disarray their expectations on executing their mandate on the road while dealing with drunk drivers.
According to the agency's Director-General Francis Meja, apellate judges GBM Kariuki, Festus Azangalala and Fatuma Sichale ruled that the alcoblow rules do not create any offence that is independent of the Traffic Act.
“We will definitely move to court under a certificate of urgency over that judgment,” Meja said.
Even though the bench shied away from clearly declaring the rules unconstitutional or unlawful, they found the law which introduced the use of alcoblow to be inconsistent with the Traffic Act and therefore not able to enforce charges.
“No one can be charged under rule 3(1) of the breathalyser rules. It does not reinforce the provisions of the Traffic Act as was intended,” said the ruling.
A section of those arrested over the weekend for drunk driving were on Monday charged in court, freed and refunded their cash bail money.