Kiambu Court rules drunk driving not an offence in Kenya under this one condition

Image result for drunk driving kenyaWhen it comes to fatalities from drunk driving, one country stands out from the rest. According to the WHO’s Global Status report on Road Safety for 2015, South Africa is one of the most dangerous countries in the world for road accidents with 25.1 deaths per 100,000 people every year.

Shockingly, nearly 6 out of every 10 fatalities (58 percent) on South Africa’s roads can be attributed to alcohol consumption.

Across the border in Kenya, 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.

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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.

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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.

NTSA factsImage result for drunk driving kenya

1. Kenya loses at least 3,000 people annually from road traffic accidents, with close to half being pedestrians

2. Most accidents occur on Saturday

You are more likely to be involved in a road accident on Saturdays than on any other day of the week. Statistics from NTSA show that an average of 400 people are involved in accidents on Saturdays as compared to an average of 320 people on Sundays, Tuesdays and Fridays. Wednesday is the safest day to travel, recording an average of 200 victims.

3. Majority of road accidents in Kenya occur between 6pm and 10pm. Francis Meja from NTSA attributes this to speeding, drunken driving, reduced enforcement and pedestrians crossing at undesignated areas among other reasons.

4. Kenya loses Sh45billion excluding the actual loss of life as a result of road accidents.
5. Nairobi accounts for close to 20 percent of all accident fatalities recorded, with almost all the cases involving pedestrians.

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