Alcoblow to return to Kenyan roads as President Kenyatta signs new law

Under the new law signed last week, motorists found guilty of drunk driving risk a fine not exceeding Ksh.100,000, a two-year prison term, or both.

A breathalyser estimates the alcohol content in one's blood from a breath sample. 

No driver is allowed to handle a vehicle if they have consumed alcohol in excess of 35 microgrammes per 100 millilitres of breath, 80 milligrammes of alcohol per 100 millilitres of blood and 107 milligrammes of alcohol per 100 millilitres of urine.

“A 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,” it says.

Per the breathalyser scale, a driver is given a clean bill of health to drive if their alcohol level ranges between zero and 0.29 on the calibrator. 

Drivers of private vehicles are allowed 0.35 micrograms maximum intoxication, while those operating public service vehicles are completely prohibited from taking liquor  and their test result should be zero.

MPs passed the bill to amend the Traffic Act of 2013 before they adjourned to proceed on recess on June 9. The new law is an improvement of another following a court directive that declared the use of the breathalyser illegal in 2017.

Now, police are waiting for the law to be published in the Kenya gazette before enforcing it.

In April, 2017, Appeal judges GBM Kariuki, Festus Azangalala and Fatuma Sichale ruled that the law that introduced the alcoblow was illegal because it violated the Traffic Act.

But the National Transport and Safety Authority boss Francis Meja said that following the ruling, the agency will use a different section of the law to charge the drivers.

NTSA at the time said it will apply Section 44 (1) of the Traffic Act which outlaws anyone from driving a vehicle under the influence of alcohol or other substances.