President Kenyatta has signed the Traffic (Amendment) Bill 2021 into law, paving the way for the return of breathalyzers, popularly known as Alcoblow, to Kenyan roads.
A breathalyzer is an electronic device used to estimate the blood alcohol content (BAC) from a breath sample.
Drivers are prohibited from handling a vehicle if they have consumed alcohol in excess of 35 micrograms per 100 milliliters of breath, 80 milligrams of alcohol per 100 milliliters of blood, and 107 milligrams of alcohol per 100 milliliters of urine.
The new piece of legislation signed last week recommends a fine not exceeding Sh100,000, a two-year prison term, or both for drivers found guilty of drunk driving.
“A 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,” the new law reads in part.
Per the breathalyzer scale, a driver is allowed to drive if their alcohol level ranges between zero and 0.29 on the calibrator. Drivers of public service vehicles are entirely prohibited from driving after drinking, and their test result should read zero. Private motorists are allowed up to 0.35 micrograms of intoxication.
The National Assembly passed the Traffic (Amendment) Bill 2021 before they adjourned sine die on June 9th. The new law is an improvement on the Traffic Act of 2013 after the Appeals Court in 2017 declared the use of breathalyzers to test and arrest drunk drivers illegal.
The three-judge bench ruled that the laws introduced by the National Transport and Safety Authority (NTSA) in regards to the use of alcoblow on Kenyan roads were inconsistent with the Traffic Act.
Judges GBM Kariuki, Festus Azangalala and Fatuma Sichale ordered that the laws be taken back to Parliament for review following the case filed by Reminisce Club in Nairobi which sought to have the gadgets outlawed.
Police are waiting for the law to be published in the Kenya gazette before enforcing it.
