NAIROBI, KENYA: A judge on Monday ruled that the legislation and regulations to prohibit drunk-driving are okay.
Justice David Majanja affirmed that the legislation do not contravene any constitutional provision. He allowed the continued use of the ‘popular’ alcoblow gadget.
The court also gave the Cabinet Secretary Engineer Michael Kamau a sigh of relief that he had acted within his jurisdiction in putting up the regulations that would help reduce road carnage.
Judge George Odunga in a separate court decision has since faulted the road traffic regulations and annulled the two gazette notices that legalised them.
Judge Odunga differed with Majanja who declined to invalidate the rules.
Majanja said the rules being of technical nature, were subjected to public participation_that is consultations with experts.
However, the court judgment concurs that there was no evidence of wider consultations.
“The parties in this matter do not dispute the fact that drunk driving is a major cause of road traffic accidents and the loss of life and limb caused by drunk driving is a major concern for the state," reads part of the judgment.
The judge said the burden of prove beyond reasonable doubt lies with the prosecution who has to show the offense of driving under the influence of alcohol to the extent that the person is unable to control the vehicle.