The hand-held breath alcohol testers were financed by the World Bank for an undisclosed amount, the NTSA said.
The move defies a Court of Appeal ruling in April which termed the use of the gadgets as being inconsistent with the Traffic Act, hence cannot be used to enforce traffic-related charges.
The National Transport and Safety Authority (NTSA) has acquired 50 breathalysers to crack down on drunk driving despite an appellate court outlawing the use of the gadgets.
The hand-held breath alcohol testers were financed by the World Bank for an undisclosed amount, the State agency said.
The purchase of the additional breathalysers defies a Court of Appeal ruling in April which termed the use of the gadgets as being inconsistent with the Traffic Act, hence cannot be used to enforce traffic-related charges.
“We intend to use them from tomorrow during our random drink driving operation in towns and major highways,” said Francis Meja, director-general at NTSA.
“Our anti-drink driving operations have deterred many from driving under the influence of alcohol. We have noted a number of revellers opt to take a taxi rather than driving which is very encouraging,” he said in a statement.
Judges GBM Kariuki, Fatuma Sichale and Festus Azangalala directed Parliament to review the law to allow use of the gadgets to nab drunk motorists.
“No one can be charged under rule 3(1) of the breathalyser rules. It does not reinforce the provisions of the Traffic Act as was intended,” they ruled.
“Although the enforcement of the Traffic Breathylser Rules 2010 is part of the lawful duty of the police to detect crime, they were badly drafted and must give way to the Traffic Act.”
The judges faulted the fact that rules alone cannot amend statutory provisions considering that the breathalyser rules do not make it an offence to drive after drinking alcohol beyond the prescribed limits.
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