A Kiambu Resident Magistrate has shocked many after making a ruling in favour of a motorists for the offence of driving under the influence of alcohol.
Kiambu Senior Resident Magistrate (SRM) Brian Khaemba declared that the police officers’ lack of know-how of Section 44 (1) of the Traffic Act, stating that being drunk alone was not crime.
In the ruling delivered in favour of Michael Mugo who was arrested for driving under influence of alcohol along Banana-Ruaka Road on Wednesday, May 23, 2018, Khaemba said one was liable for such an offence only if they were unable to control the motor vehicle.
Section 44 (1) of the Traffic Act states any person who, when driving a motor vehicle on a road or other public place, is under 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.
“The issue to be determined in this matter is whether the driver was under influence of drink or drug. If yes, whether as a result of the drink or drug he was incapable of having proper control of the vehicle,” the magistrate counseled.
He was dissatisfied with the prosecution’s case stating that there was no proof to show the accused was unable to take proper control of the vehicle or was affected by the drink.
“All was presented before me is the accused was driving under influence of alcohol, which in itself is not an offence. Police have been under a mistaken belief that being found driving while drunk per se amounts to an offence under Section 44 of the Traffic Act. They are so wrong,” Khaemba said.
