Bar owners have demanded that police halt the use of breath analysers on motorists to pave the way for further consultations on how drivers should be tested for alcohol levels.
The Pubs, Entertainment and Restaurants Association of Kenya (Perak) on Monday threatened to seek a court injunction if the government failed to agree to talks on how the gadgets should be used.
While supporting the government’s efforts to curb accidents caused by drunk driving, the industry players claimed that police were misusing the gadget.
Mr Patrick Muya, the Nairobi region Perak chairman, accused the police of intimidating patrons by standing at the entrance of entertainment places armed with the gadget and ready to ambush revellers.
He said that the 0.35 alcohol limit set by the police was too general.
“We are concerned that Alcoblow is targeting private motorists in some cases even attheir gates when they should be focusing on reducing road carnage,” Mr Muya said.
“Alcoblow is concentrated in residential areas especially affluent estates where police and breakdown operators can reap big.”
He said different people ought to be subjected to different alcohol levels depending on gender, weight, age and years of driving. According to him, only a blood test would be enough to take one to court to be charged for drunk driving.
“We are keen on partnering with the government in enhancing public awareness about the dangers of drunk driving,” he said.
“However, we strongly feel that stakeholders, including Perak, should have been involved in the process.”
His views were supported by Perak vice-chairman Alice Opee who threatened that they would go to court if the government did not agree to a consultation.
The two accused police of subjecting motorists to humiliating tests in the name of curbing drink driving.
Dozens of motorists have found themselves in court after they were tested using the gadget which was introduced as part of a campaign to reduce road carnage, which has been claiming over 3,000 lives every year. Those found guilty of drink-driving are fined between Sh5,000 and Sh20,000.
According to Mr Muya, the high number of crashes could not be only attributed to alcohol intake because there were other causes such as unroadworthy vehicles, bad roads, fatigue and unlicensed drivers.
Mr Muya claimed that private motorists — who are being targeted by the gadget — caused only seven per cent of road accidents.
Lawyers have said that the police can only stop you if you have broken a traffic law like jumping traffic lights. It is then that the police can ask for an alcohol test, but they have to give you choices between a Breath analyser, blood or urine test. A motorist has a right not to be tested unless one’s doctor is present.
One lawyer, Mr Donald Kipkorir,said in a Facebook post that the Constitution protects the dignity of each citizen from violation of privacy and from humiliation.
Adapted from Daily Nation
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