The use of breathalysers, commonly known as alco-blow, to arrest drivers on the Kenyan roads has been declared illegal.
Making the announcement on Friday, the Court of Appeal ruled that a law that allowed the use of breathalysers to arrest drivers was unconstitutional.
The three-judge bench maintained that the law was inconsistent with the Traffic Act hence should be reviewed by Parliament.
The court was ruling on a case filed by a Nairobi businessman who sought to have the gadget abolished in the country.
The case was filed in 2014 by one Richard Ogendo who wanted the court to stop the use of the equipment until his case was heard and determined.
Ogendo argued that the rules which have been in place since 2011 were inconsistent with the Constitution, therefore, should be abolished.
He further questioned the implementation of the law raising an issue with the dragging drivers out of the vehicle when making arrests and publicising the same on the media.
A similar case was filed by a motorist identified as Kariuki Ruitha seeking the same order.
At that time, the Lady Justice Mumbi Ngugi declined to issue the order but directed that the two cases be consolidated into one.
Alco-blow has been used by the National Transport and Safety Authority (NTSA) on major roads across the country in an attempt to tame drunk driving.
