Release of those who were arrested at the weekend for refusing to accept breathalyser or alcoblow test is the clearest demonstration of blatant refusal by certain segments of society to accept the rule of law.
Police and the National Transport and Safety Authority (NTSA) officers went to the roads with the alcoblow in complete disregard of a Court of Appeal ruling that nullified use of the gadget.
Drink driving is a dangerous undertaking that no rational person could support. But the truth is that police and NTSA’s enthusiasm for the instrument is not driven by the quest to ensure road safety but because it has become the most effective gadget when it comes to exacting bribes from motorists.
This means so much was at stake for the police that not obeying the court’s verdict was a risk worth taking.
The Court of Appeal had found that the alcoblow rules as currently constituted were illegal.
In many countries, drink driving is dealt with by subjecting only those misbehaving on the road or appear to be out of control to alcohol test. No everyone.
The bottom-line is that the NTSA – a government agency created to enforce the law – in this instance appeared to imply that it has latitude to ignore court decisions.
One would expect the agency to do the right thing and file for a judicial review or even file an appeal in the Supreme Court.
It is even worse when it goes ahead to push for confinement of people when it is the one that has flouted the court decisions. This is what impunity looks like.
Besides, Kenyan roads have so many challenges that are crying for NTSA’s attention yet it has not expressed similar enthusiasm to tackle as it has done with use of the alcoblow.
The list includes unmarked roads, sharp bends, sudden narrowing of roads, sudden and unmarked end to some lanes even on the high ways, and unsafe bridges that collapse when rains come.
A UK study has shown that at least 10 per cent of accidents are caused by fatigue. How has the NTSA and the police addressed that?
This certainly is a situation that cannot be left to continue ad infinitum.
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