NAIROBI, Kenya, Jul 11 — A harmonized traffic law seeking to tame drink-driving is now operational following presidential assent on June 21.
The law became effective on Monday, July 11.
The Traffic (Amendment) Act, 2022 was reviewed to address a conflict with the Traffic (Breathalyzer) Rules, 2011 which criminalized drink-driving, an offence the principal act did not provide for.
While the Traffic Act made drink-driving an offence only if the update of alcohol impairs the ability of a driver to competently control a vehicle, the breathalyzer rules set a threshold beyond which drivers were considered to be “intoxicated beyond allowed limits,” and hence in breach of the law.
The revised Traffic Act sought to reconcile legislation on drink-driving by introducing a two-year jail term of Sh100,000 fine for drivers whose alcohol levels exceed prescribed limits.
A substituted Section 44(1) reads: “Any person who, when driving or attempting to drive, or in charge of a motor vehicle on a road or other public place, is under the influence of an alcoholic drink or a drug beyond the prescribed limits, shall be guilty of an offence and, liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding two years or to both.”
The amended provisions sponsored by Tiaty MP William Kamket emanated from a 2014 petition which was heard both at the High Court (2014) and the Court of Appeal (2017).
While the High Court dismissed an argument by petitioners (Dickson Ogendo, Kariuki Ruitha and Reminisce Bar and Grill) that alcoblow rules had introduced a new offence that was not provided for the principal Act, the Court of Appeal sustained the argument.
The Court of Appeal ruled strained efforts by the police to continue enforcing breathalyzer rules which imposed a Sh10,000 fine and a jail term of one month.
