Kenyan Court Declares Drunk Driving is Not an Offense

In a judgment that has raised heated debate among Kenyans, a Kiambu Court has declared that drunk driving is not an offense.

In a landmark ruling on Friday, Kiambu Senior Resident Magistrate Bryan Khaemba ruled that drunk driving is not an offense as long as the driver is in control of the vehicle.

Magistrate Khaemba made the ruling in a case where a motorist identified as Michael Ngobe Mugo was charged with driving under the influence of alcohol.

The judge notes that the prosecution must prove that a driver was not in control of the vehicle for him to be convicted with drunk driving.

Mugo was charged with driving under the influence of alcohol after he was arrested on May 23rd, 2018 at 8 pm on Banana-Ruaka road within Kiambu County.

One of the traffic police officers who testified in the case told the court that the accused person overpowered him and two of his colleagues during the arrest.

However, the judge questioned how a person who is alleged to have been intoxicated managed to overpower three police officers.

“Such is not conduct expected of a person who is alleged to be too drunk to control a motor vehicle,” reads the ruling.

The court has also ruled that the accused was not affected by the alcohol and that's why he managed to resist arrest.

“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,” rules Magistrate Khaemba.

The judge also notes that driving under the influence of alcohol is not an offense unless the driver is proven to be not in control of the vehicle.