The National Transport and Safety
Authority (NTSA) has acquired 50 breathalysers to crack down on drunk
driving despite an appellate court outlawing the use of the gadgets.
The hand-held breath alcohol testers were financed by the World Bank for an undisclosed amount, the State agency said.
The
purchase of the additional breathalysers defies a Court of Appeal
ruling in April which termed the use of the gadgets as being
inconsistent with the Traffic Act, hence cannot be used to enforce
traffic-related charges.
“We intend to use them from
tomorrow during our random drink driving operation in towns and major
highways,” said Francis Meja, director-general at NTSA.
“Our
anti-drink driving operations have deterred many from driving under the
influence of alcohol. We have noted a number of revellers opt to take a
taxi rather than driving which is very encouraging,” he said in a
statement.
Judges GBM Kariuki, Fatuma Sichale and
Festus Azangalala directed Parliament to review the law to allow use of
the gadgets to nab drunk motorists.
“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,” they ruled.
“Although
the enforcement of the Traffic Breathylser Rules 2010 is part of the
lawful duty of the police to detect crime, they were badly drafted and
must give way to the Traffic Act.”
The judges faulted
the fact that rules alone cannot amend statutory provisions considering
that the breathalyser rules do not make it an offence to drive after
drinking alcohol beyond the prescribed limits.
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