Kenyans can no longer be charged after a breathalyser test, after a bar owner argued they were ruining his business.
Kariuki Ruitha complained they violated Kenyans’ constitutional rights to make their own lifestyle decisions – including how much to drink.
After a three-year battle, the Court of Appeal ruled in his favour.
Sitting in the Court of Appeal, the three judges said drink drivers could still be charged under traffic laws – at which point a breathalyser can be used.
‘Oppressive and unreasonable’
He had lost 80% of his business because customers were being breathalysed as they left the premises – leading to him lay off 44 employees, The Star reported.
In 2014, his lawyer described the rules as “oppressive and unreasonable” if someone had not already committed a driving offence.
His argument was backed up by a second bar owner, who had originally launched a separate case.
However, their victory may be short-lived. The judges have sent the law back to parliament to be rewritten.
“As the need to prohibit drunk-driving is still dire, and this matter being of great public interest, no doubt the authorities will move with quick dispatch to remedy the position,” they urged, website MediaMax reported.