A bill tabled by Tiaty member of parliament (MP) Kassait Kamket, has fronted for the return of the breathalyzer, popularly known as 'alcoblow'.
The Traffic Amendment Act 2021, seeks to clear the ambiguities that led to the breathalyzers being declared illegal by the Court of Appeal in 2017. The appellate court directed that parliament reviews the law.
In the proposed bill, Kamket clearly defines who is a drunk driver and why they should not be allowed to be behind the wheel.
“Any person who, when driving or attempting to drive, or in charge of a motor vehicle on a road or other public place is under the influence of an alcoholic drink or a drug beyond the prescribed limits, shall be guilty of an offense,” the bill reads in part.
Clause 4 of the Traffic Amendment Act pushes for alcoblow to be used as an objective test to provide measurable and scientific applications such as the prescribed limits.
The test will be administered by officials of the National Transport and Safety Authority (NTSA) working in conjunction with traffic police.
Drivers convicted of driving under the influence will be served with a Ksh100,000 fine or face imprisonment of a term of two years or both. They will also have their licenses suspended for a year.
If enacted, the proposed bill by the Tiaty MP will further crack the whip on drivers who exceed designated speed limits.
Such drivers risk their licenses being invalidated for not less than three years.
In addition, drivers who exceed the limits by more than 20 kilometres per hour will face severe consequences.
"A person who violates a speed limit prescribed for a road under subsection 1A by more than twenty kilometres per hour commits an offence and shall be liable, on conviction to imprisonment for a term of not less than three months or a fine of twenty thousand shillings or both" the bill reads.
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