All motorists arrested over the weekend for exceeding the alcohol limit were Monday morning released following a court ruling declaring the use of alcoblows illegal.
The motorists had failed the alcoblow test and were subsequently arrested by the National Transport and Safety Authority (NTSA) for flouting traffic rules.
The prosecution in the cases cited that the ruling by the Court of Appeal on Friday offered them no reason to continue and withdrew the charges.
A three-judge bench of the Court of Appeal had declared that the use of breathalysers to charge drunk drivers in court was illegal.
The court ruled that the laws introduced by NTSA were inconsistent with the Traffic Act and ordered that they be taken back to Parliament for review.
According to the Judges, GBM Kariuki, Festus Azangalala and Fatuma Sichale, anyone found drunk-driving should be charged under traffic laws, not the alcoblow rules.
A club owner identified as Kariuki Ruitha had sought the court’s decision on the matter and had argued that the police violated the rights of Kenyans on making lifestyle decisions, including how much alcohol to drink.
Ruitha had challenged the validity of the law on alcoblow saying it contravened his rights as a businessman and the constitution.
The NTSA had however remained adamant that they will use the breathalyser despite the Court of Appeal ruling.
