According to NTSA Director-General Francis Meja, appellate judges GBM Kariuki, Fatuma Sichale and Festus Azangalala ruled that the breathalyser rules do not create an offence independent of the Traffic Act. “We will definitely move to court under a certificate of urgency over that judgment,” he said. “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. Some of those arrested over the weekend for drink-driving were charged in court on Monday, freed and even had money they had paid as cash bail returned to them.

Source: Daily Nation April 11, 2017 08:32 UTC