A petition seeking to outlaw the use
of the breathalyser was Wednesday certified urgent.
 |
|
The Alcoblow gadget that is used to test how much alcohol
one has consumed
|
Lady Justice Mumbi Ngugi at the High
Court in Nairobi directed a motorist who lodged the petition to serve the
Attorney General and the National Transport and Safety Authority with the suit
papers for a response and report back to court on Friday February 14 “for
further orders.”
Mr Richard Dickson Ogendo through
lawyer Gitobu Imanyara filed the petition citing hygienic concerns and
violation of the constitutional law in the usage of the gadget in curbing drink
driving.
The High Court outlawed its use in
2006 after drivers raised similar concerns but National Transport and Safety
Authority reintroduced it early this year.
On Wednesday, Mr Imanyara said the
police were using the gadget to mint money from motorists. He said the law
prohibits reliance on self-incriminating evidence arising from the cases which
face offenders after taking the liquor breath test.
The lawyer said the constitution also
required public participation “in this kind of exercise to know the short
comings.”
“The ministry of Transport are
enforcing a legal notice that was made by predecessors...those rules were not,
as required, tabled before Parliament and are therefore invalid,” Mr Imanyara
said.
“In enacting the said rules the
Ministry of transport did not provided for the participation of the p[people as
was required ,” the lawyer said.
He said the Alcoblow rules as
published do not provide for the disposable mouth piece to be handed over to
the person in respect of whom they have been used and hence the chances for
their re-use by another person are not eliminated entirely, hence the health
concern.
He said the petitioner has noted that
the manner in which the Alcoblow rules was being enforced amounted to
humiliation and thus breach of a persons “inherent dignity.”
“Calling the media to be present and
publicly record the usage of the breathalyser contravenes the right to be
respected and protected,” Mr Imanyara said.
Drink driving attracts a Sh100,000
penalty or imprisonment for two years.
The Attorney General and the safety
authority who are the first and second responds in the suit, respectively have
a day to respond before the case returns to court.
No comments:
Post a Comment