By Lucianne Limo
Nairobi, Kenya: The High Court will next week hear two cases filed by a bar owner and a motorist seeking to stop the use of the breathalyser Alcoblow.
Justice Mumbi Ngugi consolidated the two cases Monday and directed parties to appear before her on March 17 for hearing of the matter, which she certified as urgent.
Reminisce Sports Bar and Grill and its proprietor Kariuki Ruitha and motorist Richard Ogendo want the court to issue orders suspending the use of Alcoblow.
Ruitha wants the court to stop the police from enforcing the Traffic (breathalyser) Rules, 2011 at roadblocks that have not been gazetted by the Inspector General of Police.
The businessman said the Traffic Breathalyser Rules are unconstitutional because they provide for criminal offences that have not been created by Parliament.
“The Breathalyser Rules criminalise the consumption of alcohol beyond the prescribed limit despite the fact that under Section 44 of the Traffic Act, alcohol consumption is only a crime when it intoxicates a motorist to an extent that he or she is unable to maintain proper control of the vehicle,” argued Ruitha.
He further wants the court to block the police from subjecting motorists who have not been arrested on reasonable suspicion of a traffic offence to take the breath test. Ogendo told the court that the use of the breathalyser is unconstitutional.