Kenyan Court Declares Drunk Driving is Not an Offense

In a Country driven by a DRUNK and Drug addict President (born and raised in Kiambu): No surprise.

That magistrate needs to be removed. Drunk drivers have killed so many people. It depends on the level of the alcohol in the body. I wish he could be hit by a drunk driver on his way home, hurt little bit but not killed to learn a lesson.

Has this magistrate ever heard of something called driving under the influence?

The Traffic Act Section 44 makes no mention of alcohol levels which would qualify a driver to be drunk. The judge is correct according to the letter of the law. There's no law in Kenya which prohibits drivers with high alcohol levels from driving. The relevant statue only mentions the driver's ability to maintain control of the vehicle after consuming alcohol. MPs should revise the Traffic Act instead of clowning with theatrics in Parliament.

This is pure nonsense and the judge would have done a bit of research or he should already know this if he is a real Judge. After a certain amount of alcohol there is an effect on the brain which hinders people to make good judgment and therefore not fit to be driving. If someone is tested and found to have passed the set level which is clinically proven then if caught I believe that should be a crime since when one does so he or she endangers the lives of others on the road. Now, how is that not a crime? And we expect this kind to handle complex cases of corruption? WE ARE DOOMED!!!

What was his BAC? (blood alcohol content. Certainly what the report says is absurd. No other country in the world has ever said drunk driving is not a crime as long as driver is in control. The most strict nations in Europe have a 0.05 bac as limit for drank driving. This magistrate should be corrected immediately and retired for the good of the country.

I thought their was a legal limit? Ama how do we do it in Kenya? Don't have full facts to comment for I don't trust the Kenyan Police nor the judiciary system. They just swings whichever direction the wind happen to be blowing.

This is a traffic offense. The only proof needed is the unacceptable level of alcohol in the system.Shame on the Magistrate,when we all know drunk drivers have caused untold misery,and property loss to Kenyans,and many people world over.
THis case should be repealed before it sets adangerous precedent.

Well said @mwangi. And what does being in control of the vehicle mean? Does it include drooling at the steering wheel and let the car know it's way home?

Hehehehe i have said here n here again that just because we/u have a degree or masters or even a phd doesn't make u smart??This judge is a degrace to many of us who have such degrees.Other day u heard their Boss mkora maraga stating clearly that numbers don't matter in an election???Yet we want to b ruled by leaders who have stupid education papers????Truely we have shit holes leaders n stupid educated niggas in Africa.Bure kabis

This is tricky. If there is no law in kenya that states the limits of alcohol content in the blood,and the cops couldn't prove the guy was not in control of the vehicle, hapo hakuna kesi. Even in US they make you walk on a straight line while they record you.

The question is, how could he over come 2cops if he was drunk?
How many cops you beat is the measure of how drunk you are.
Next time you are stopped,make sure to floor two cops or more .. mmoja, you can't cut it.
And what was the ALCOHOL BLOW for again? .... blow a cop or two ....I guess

I think this judge's next ruling will be "Stealing is not a crime it's only a crime when you get caught"

the magistrate has a point! the prosecution needed to prepare better..