The government will deploy 1,000 breathalysers, commonly known as alcoblows, across the country as part of the reintroduction of the Traffic (Drink-Driving) Rules, 2025, which come into force this week.
The new regulations, reinstated following legal amendments to Section 44 of the Traffic Act, make it an offence for any person to drive, attempt to drive, or be in charge of a motor vehicle while under the influence of alcohol or drugs beyond prescribed limits.
According to the updated law, “Any person who, when driving or attempting to drive, or in charge of a motor vehicle on a road or other public place, is under the influence of an alcoholic drink or a drug beyond the prescribed limits, shall be guilty of an offence and, liable to a fine of upto Sh100,000 or to imprisonment for a term not exceeding two years or to both.”
Those convicted will also face mandatory disqualification from holding or obtaining a driving license for a minimum of twelve months.
“A person convicted of an offence under this section shall, without prejudice to the power of the court to order a longer period of disqualification, be disqualified, for a period of twelve months from the date of conviction, for holding or obtaining a license,” the law states.
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Roads and Transport CS Davis Chirchir said the regulations had been signed and submitted for re-gazettement in March 2025, following prior setbacks.
The original Breathalyser Rules of 2011 were nullified by the courts in the Millimani Petition No. 219 of 2014 Reminisce Sports Bar Ltd & Anor. Vs. Cabinet Secretary – Ministry of Roads and Transport, due to the absence of a specific legal provision under Section 44 of the Traffic Act at the time.
With the new legal framework now in place, the ministry is moving swiftly to curb reckless behaviour on the roads.
“With this we will be putting up to 1,000 breathalazers on our roads to curtail those of us who can not control their drinking when they know they will be on the roads,” said Chirchir.
He made the remarks while expressing condolences following a road accident on the Kaplong–Kapkatet Road in Bomet County, which left 15 people dead.
He condemned drunk driving, describing it as a grave threat to public safety.
“It is unacceptable that innocent Kenyans going about their business using public transport are put to such pains and anguish by irresponsible and careless drivers. Some who imagine they can drink and drive.”
The Cabinet Secretary affirmed that implementation of the drink-driving rules would be immediate following their publication this week.
