Drunk driving not an offence in Kenya, court rules


Share post:

A Kiambu Court has made a landmark ruling stating that drunk driving is not an offence as long as the driver is in control of the vehicle.
Kiambu Senior Resident Magistrate Bryan Khaemba made the ruling in a case where a motorist, Michael Ngobe Mugo, was charged with the offence of driving under the influence of alcohol.
The court 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.
Mr. Mugo was charged that on May 23, 2018 at 8p.m on Banana-Ruaka road within Kiambu, he drove while under the influence hence did not have proper control of his vehicle.
A traffic police officer who testified in the case stated that the accused overpowered them (himself and two of his colleagues) hence they were unable to arrest him.
“Such is not conduct expected of a person who is alleged to be too drunk to control a motor vehicle,” read the ruling.
While dismissing the case, the court said the accused was not affected by the alcohol, adding that that was why the officers were not able 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 is not an offense.


Please enter your comment!
Please enter your name here


Related articles

Woman told to pay ex-fiancé for breaking his heart

A Ugandan woman who broke up with her fiancé has been ordered to pay him financial damages for psychological anguish.

Rwanda-DR Congo tension: Shooting of plane an ‘act of war’

DR Congo has declared Rwanda's shooting of one of its fighter jets an "act of war", amid mounting tensions.

Kalomo records more Covid cases

KALOMO district has recorded a total of 19 Coronavirus cases with a new case having been recorded on December, 28 2022.

Family begins farewell to Zambian student killed in Ukraine

Zambian student Lemekhani Nyirenda, who died last year while fighting for Russian forces in Ukraine, is due to be buried on today.