Drunk Driving in Kenya is Not an Offense, Court Rules

By Korir Isaac / February 18, 2019




Drunk driving in Kenya is not an offense as long as you are still in control of the vehicle, a Kiambu Court has ruled.

Kiambu Senior Resident Magistrate Bryan Khaemba made the ruling following a case where a driver, Michael Ngobe Mugo, was charged with the offense of drunk driving.

The accused was charged with the offense of driving a motor vehicle under the influence of alcohol contrary to section 44 (1) of the Traffic Act, which states that:

“Any person who, when driving or attempting to drive, or when in charge of a motor vehicle on a road or other public place, is under the influence of drink or drug to such an extent as to be incapable of having proper control of the vehicle, shall be guilty of an offence and liable to a fine not exceeding one hundred thousand shillings or to be imprisonment for a term not exceeding two years or both.”

However, according to the magistrate, he failed to comprehend whether Mr. Mugo was drunk while driving or whether he was driving under the influence. Additionally, Khaemba needed to know whether as a result of the drinking, the driver was incapable of having control of the vehicle.

Read: 25 Seriously Injured in a Tahmeed Bus Road Accident on the Nairobi-Mombasa

The police claimed that the accused did not have proper control of the vehicle he was driving under the influence of alcohol on May 23, 2018, at 8 pm along Banana-Ruaka road in Kiambu.

One of the officers who testified in the case argued that the accused overpowered him and two of his colleagues and were, therefore, unable to arrest him.

In his ruling, Khaemba noted that there was no way a drunk person would overpower three police officers during an arrest.

“Such is not conduct expected from a person who is alleged to be too drunk to control a motor vehicle,” part of the ruling read.

Khaemba ruled that for a charge of driving under the influence of alcohol to stand, the prosecution has to adduce evidence that a motorist cannot control the vehicle.

“In the case, from the facts on the charge sheet and the evidence of the single witness for the prosecution, there is no evidence that the accused was not in proper control of the vehicle or was affected by the drink if any,” the magistrate’s ruling read in part.

The court dismissed the case and added that Mr. Mugo was not affected by the alcohol, which is why the officers failed to arrest him.

“The upshot is that I find that the State was unable to establish a prima facie case against the accused for failing to adduce evidence on the control of the said vehicle or lack of it,” ruled Magistrate Khaemba.

The court further noted that driving under the influence of alcohol, in itself, is not an offense.

Also Read:

Are the Decreasing Filed Court Cases a Sign of Criminals Walking Free? 

 



About Korir Isaac

A creative, tenacious, and passionate journalist with impeccable ethics and a nose for anticipated and spontaneous news. He may not say it, but he sure can make one hell of a story.

View other posts by Korir Isaac


More Articles From This Author








Other Related Articles










SOKO DIRECTORY & FINANCIAL GUIDE

ARCHIVES

2019
  • January 2019 (256)
  • February 2019 (216)
  • March 2019 (287)
  • April 2019 (254)
  • May 2019 (220)
  • 2018
  • January 2018 (291)
  • February 2018 (219)
  • March 2018 (278)
  • April 2018 (225)
  • May 2018 (238)
  • June 2018 (178)
  • July 2018 (257)
  • August 2018 (249)
  • September 2018 (256)
  • October 2018 (287)
  • November 2018 (285)
  • December 2018 (187)
  • 2017
  • January 2017 (183)
  • February 2017 (195)
  • March 2017 (207)
  • April 2017 (104)
  • May 2017 (169)
  • June 2017 (206)
  • July 2017 (190)
  • August 2017 (195)
  • September 2017 (186)
  • October 2017 (235)
  • November 2017 (253)
  • December 2017 (266)
  • 2016
  • January 2016 (166)
  • February 2016 (165)
  • March 2016 (190)
  • April 2016 (143)
  • May 2016 (246)
  • June 2016 (183)
  • July 2016 (271)
  • August 2016 (249)
  • September 2016 (234)
  • October 2016 (191)
  • November 2016 (243)
  • December 2016 (153)
  • 2015
  • January 2015 (1)
  • February 2015 (4)
  • March 2015 (166)
  • April 2015 (109)
  • May 2015 (117)
  • June 2015 (121)
  • July 2015 (150)
  • August 2015 (157)
  • September 2015 (189)
  • October 2015 (170)
  • November 2015 (174)
  • December 2015 (208)
  • 2014
  • March 2014 (2)
  • 2013
  • March 2013 (10)
  • June 2013 (1)
  • 2012
  • March 2012 (7)
  • April 2012 (15)
  • May 2012 (1)
  • July 2012 (1)
  • August 2012 (4)
  • October 2012 (2)
  • November 2012 (2)
  • December 2012 (1)
  • 2011
    2010
    2009
    2008
    2007
    2006
    2005
    2004
    2003
    2002
    2001
    2000
    1999
    1998
    1997
    1996
    1995
    1994
    1993
    1992
    1991
    1990
    1989
    1988
    1987
    1986
    1985
    1984
    1983
    1982
    1981
    1980
    1979
    1978
    1977
    1976
    1975
    1974
    1973
    1972
    1971
    1970
    1969
    1968
    1967
    1966
    1965
    1964
    1963
    1962
    1961
    1960
    1959
    1958
    1957
    1956
    1955
    1954
    1953
    1952
    1951
    1950