Alcoblow is back, but does it save lives?

Since being introduced 17 years ago, sporadic breathalyser tests have not had a significant impact on Kenyan roads.

But while the intention of alcoblow is to reduce road carnage, statistics from National Transport and Safety Authority (NTSA) tell a different story.

Apparently, accidents continue to happen even when alcoblow, which has been constantly challenged in court, is in force.

Since 2005 when alcoblow was first introduced, Kenya has been losing an average of 3,000 people through accidents, suggesting booze may not be the biggest Satan on our roads after all.

Some stakeholders are now questioning the rationale of re-introducing the gadget when it is apparent that breathalyser rules have not led to a drastic reduction of accidents.

“From my own experience, most of the accidents involving trucks are as a result of speeding but not alcohol. My suggestion is that let police increase speed gun checks and only use alcoblow during weekends,” says Nicholas Mbugua, secretary general, Kenya Long Distance Truck Drivers Association.

According to Mbugua, accidents can drastically reduce if speed limits are strictly observed. And this can be achieved, he adds, through the use of speed guns that should be extensively deployed on major roads and highways.

A total of 54,483 people have lost their lives on roads from 2005 to May this year. But a reading of the statistics shows that the number of deaths is almost constant, making mincemeat of the breathalyser rules which have been reinstated following the signing into law the Traffic (Amendment) Bill 2021 by President Uhuru Kenyatta.

 “Any 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 offense and, liable to a fine not exceeding one hundred thousand or to imprisonment for a term not exceeding two years or to both,” states the Act.

These new sets of rules are expected to address the drunken driving blamed for road carnage. Other factors contributing to accidents include un-roadworthy vehicles, speeding, deplorable road conditions, fatigue, potholes, jaywalking, poor visibility and corruption, among others.

In 2006, alcoblow was outlawed on hygiene grounds. Five years later, in 2011, then minister of Transport Amos Kimunya published the Traffic (Breathalyzer) Rules, 2011, which remained dormant until 2014 when police in conjunction with NTSA started implementing them.

They remained in force until 2017 when Court of 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 police continued using the gadget after NTSA claimed the court ruling was misinterpreted and that the breathalyser had not been suspended.

“NTSA informs members of the public that driving under the influence of alcohol is an offence and that the authority will continue to execute its mandate so as to keep our roads safe,” the then authority’s Director General Francis Meja said.

But alcoblow was finally removed from roads in 2019 after police officers were accused of misusing the gadget.

And for the last three years, drunken motorists have enjoyed the freedom to drive under the influence until last month when President Uhuru Kenyatta signed the Traffic (Amendment) Bill 2021 into law.

But even with the latest attempt to make it a permanent feature on roads, the breathalyser laws seemed to have had little or no impact during the period it remained in force.

When they were first introduced in 2005, about 2,533 people lost their lives before being suspended the following year, and when it was re-introduced in 2014, there were 2,907 fatalities.

For the three years the rules remained in force before being suspended by Court of Appeal, there were 3,057 fatalities in 2015, before a drop in 2016 which recorded 2,965 deaths and 2,919 fatalities in 2017. The following year, 3004 people lost their lives while 3,586 perished on Kenyan roads in 2019.

From the statistics, it is apparent that Kenya loses an average of 3,000 people annually begging the question, "Why are authorities insisting on the use of alcoblow to curb accidents?"

Opinion is divided over the return of alcoblow. While police support use of the gadget, stakeholders and experts are opposed to the introduction of breathalysers, citing misuse and infringement on freedoms.

Peter Murima, chairman, Motorist Association of Kenya (MAK), says there is no need to re-introduce a gadget that is used to abet corruption rather than reduce accidents.

“In the past, the gadget has been used not to curb accidents but as a tool of extortion by police officers. It is not enough to take someone caught on the strength of breath tests conducted on the road. An extra effort must be made to take that person to a health facility to conduct either urine or blood tests, otherwise relying only on breath tests cannot secure a conviction,” states Murima.

The MAK boss explains that alcoblow has always successfully been challenged in court is because of the ambiguity surrounding its use and failure to properly define the exact offence. Further, says Murima, there is no need of mounting roadblocks inconveniencing other road users in pursuit of suspected drunken drivers. “Authorities should find better ways of identifying those driving under influence or driving while intoxicated other than stopping every motorist and subjecting them to indignity,” says Murima.

According to the official, the association has fought use of alcoblow because of poor enforcement.

First, says Murima, drinking in Kenya is not illegal and second, police have failed to produce incriminating evidence against suspected violators in courts.