Is Alco-blow Unconstitutional?

After the quashing of the court case filed to ban the use of the Alco-blow on February 14, the owner of Reminisce Sports Bar and Grill, Kariuki Ruitha, has moved to file a fresh suit. He contends that “the Traffic Breathalyzer Rules are unconstitutional because they have not been gazetted as required by law.”

It was mid December 2013 when Transport Cabinet Secretary, Michael Kamau announced the re-introduction of alcohol breathalyzers to curb drunk driving. Previous attempts by the government to use the breathalyzer were thwarted by the courts on the grounds that motorists’ rights were being breached and that the device posed health risks. This time, the government has imported an adequate number of devices as well as disposable plastic caps through which to blow. Until March 10th the bender-chasers have no recourse but to await with bated breath or face the fate that befell the writer of this letter.

The result has been that hundreds of motorists have been arrested, detained and fined. For those who try to dodge court dates, the Cabinet Secretary himself has passed arrest notices. “It is better to see you in January having come from Kamiti than to see you on the papers having died,”says National Authority for the Campaign against Drugs and Alcohol (NACADA) Chairman, John Mututho.

One might imagine that the device would deter inebriated motorists. Instead, the adrenalin seeking drivers have turned their nocturnal movements into a game of cat and mouse. Those chasing the risky tipple have resorted to consulting Facebook and Twitter for updates on the locations of the police checks and turning around when caught in the headlights. To the humor of officers, being caught induces bouts of asthma and fainting that does little to conceal their juiced state. Regardless of which ruse is employed, once the 0.35 limit is surpassed, the ill-fated merry-maker is huddled with his fellows in the back of a police truck.

Albeit a noble cause there is always another side of the coin. There is mounting pressure from the Pubs, Entertainment and Restaurant Association of Kenya (PERAK) to suspend the exercise. PERAK’s Chairman, Peter Muya voiced his concerns that alco-blow targets up-market residential areas and targets private motorists in some cases even at their gates. Stakeholders question whether there is a pecuniary motive for this practice.

By Amal Mohamed