This actually took longer than I
expected! It’s barely a month since alco-blow hit the busy streets of Nairobi,
but the cases against it have already started piling up. First in line was a
Mr. Richard Ogendo who termed it unconstitutional. His case was heard but thrown
out of court…next………..
According to The Star, the High
Court has declined to grant orders suspending the use of breathalysers in the
crackdown against drunk-driving.
Justice Mumbi Ngugi Instead
certified the case filed by a motorist as urgent and directed it be served on
Attorney General Githu Muigai and the National Transport and Safety Authority
(NTSA) immediately.
The judge rejected a request by
Richard Dickson Ogendo to temporarily halt the use of the breathalyser
but directed parties to go back to court for hearing on
Friday, February 14.
Ogendo moved to court seeking to
abolish the use of breathalysers on grounds that it is unconstitutional and
should therefore be outlawed.
Through lawyer Gitobu Imanyara,
Ogendo said that the use of the breathalyzer is unlawful because the rules
governing its use were never tabled in Parliament as required by law. The lawyer said he perused the
Parliamentary Hansard in which debates of the National Assembly which also
shows dates when papers are laid before the National Assembly are recorded, and
he did not find any evidence that the Rules were tabled before the National
Assembly.
“The said Traffic (Breathalyser)
Rules are contained in Legal Notice No 138 of 2011 which is void as it has not
been tabled before the National Assembly as is required under the
Interpretation and General Provisions Act,” reads a part of his document.
In January 2006 the High court
suspended the use of the gadgets after motorists complained that their rights
were being breached and were exposed to health risks.
Ministry of Transport reintroduced
the breathalysers last December to curb rising road accidents. Any motorist
caught drunk while driving risks a fine of Sh100,000, two years in jail or
both.
Ogendo argues that the Legal Notice
No 138 of 2011 has never been tabled before the National Assembly or its draft
and was therefore invalid.
He says the Rules as published do
not provide for the disposable mouth gadgets to be handed over to another
person hence the chances for their re-use.
Ogendo is seeking a declaration that
the Traffic Rules, published in the Kenya Gazette under Legal Notice No 138 of
2011 dated September 27, 2011, were null and void.
Afro-Cinema continues..............
The High Court has declined to grant orders suspending the use of breathalysers in the crackdown against drunk-driving.
Justice Mumbi Ngugi Instead certified the case filed by a motorist as urgent and directed it be served on Attorney General Githu Muigai and the National Transport and Safety Authority (NTSA) immediately.
The judge rejected a request by Richard Dickson Ogendo to temporarily halt the use of the breathalyser but directed parties to go back to court for hearing on Friday, February 14.
Ogendo moved to court seeking to abolish the use of breathalysers on grounds that it is unconstitutional and should therefore be outlawed.
- See more at: http://www.the-star.co.ke/news/article-155005/court-declines-suspend-alcoblow-crackdown#sthash.omMxr55i.dpuf
Justice Mumbi Ngugi Instead certified the case filed by a motorist as urgent and directed it be served on Attorney General Githu Muigai and the National Transport and Safety Authority (NTSA) immediately.
The judge rejected a request by Richard Dickson Ogendo to temporarily halt the use of the breathalyser but directed parties to go back to court for hearing on Friday, February 14.
Ogendo moved to court seeking to abolish the use of breathalysers on grounds that it is unconstitutional and should therefore be outlawed.
- See more at: http://www.the-star.co.ke/news/article-155005/court-declines-suspend-alcoblow-crackdown#sthash.omMxr55i.dpuf
No comments:
Post a Comment