As long as the driver is in control of the vehicle, drunk driving is not an offence- ruled Kiambu Senior Resident Magistrate Bryan Khaemba in court on Sunday.
The court ruled that, for a charge of driving under the influence of alcohol to stand, the prosecution has to adduce evidence that a motorist cannot control the vehicle.
This was in Justice Khaemba’s ruling of a case where motorist, Michael Ngobe Mugo, was charged with the offence of driving under the influence of alcohol.
A traffic police officer who testified in the case stated that the accused overpowered them (himself and two of his colleagues), making it impossible to arrest him. Something to which the judge the judge ruled, “Such is not conduct expected of a person who is alleged to be too drunk to control a motor vehicle.”
The judge further added that, ““The upshot is that I find that the State was unable to establish a prima facie case against the accused for failing to adduce evidence on the control of the said vehicle or lack of it.”
The court then noted that driving under the influence of alcohol is not an offense.