A senior magistrate at Kiambu Law Courts, on Friday ruled that drunk driving is not an offense as long as the drive is capable of being in control of the vehicle.
Justice Bryan Khaemba mentioned that while making a ruling on a traffic case.
The case was against Michael Ngobe Mugo who was arrested and charged for drinking and driving in May,2018.
The judge stated that the police failed to show that the accused was drunk, arguing that there was no way a drunk person would overpower three police officers during an arrest.
“Such is not conduct expected from a person who is alleged to be too drunk to control a motor vehicle,” part of the ruling read.
He affirmed that all that had been submitted to him was that Mugo was driving under the influence of alcohol, which in itself it’s not an offense.
Judge Khaemba also expressed his wonder on whether Mugo was driving while drunk or was just driving under the influence.
The accused had been charged with the offense of driving a motor vehicle under the influence of alcohol contrary to section 44 (1) of the Traffic Act.
“In the case, from the facts on the charge sheet and the evidence of the single witness for the prosecution, there is no evidence that the accused was not in proper control of the vehicle or was affected by the drink if any,” the magistrate asserted.