A court ruling has clarified what has shocked many in the usual drunk driving charges in Kenya following an arrest.
A man by the name Mr Mugo on May 23 got charged for driving under the influence for not having proper control over his vehicle in 201 at 8.00pm on Banana-Ruaka road within Kiambu.
However a twist took place after 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.
Do you agree with the magistrate ruling?