Many Kenyans have been arrested for drunk driving , however Bryan Khaemba, a senior resident magistrate at Kiambu Law Courts, ruled that drunk driving was not an offence as long as the driver was capable of being in control of the vehicle.
While making the ruling in a traffic case against Michael Ngobe Mugo who was arrested and charged for drunk driving in May 2018, Khaemba stated that the police failed to show that the accused was drunk.
He stated that all that was presented before him was that Mugo was driving under the influence of alcohol, which in itself is not an offense.
According to the magistrate, he could not understand whether the driver was drunk while driving or whether he was driving under the influence.
More so, he wanted to understand whether as a result of the drinking, the driver was incapable of having control of the vehicle.
“In the case, from the facts on the charge sheet and the evidence of the single witness for the prosecution, there is no evidence that the accused was not in proper control of the vehicle or was affected by the drink if any,” the magistrate’s ruling read in part.
