This archive report was first published on 16 May 2020.
On April 8, 2020, Boniface Kobia, a driver for Richmond Recyclers Company, was stopped by a police officer outside Dandora police station as he drove from the Dandora dumpsite towards Kariobangi.
Kobia was accused of driving a commercial truck on a public road while drunk and failing to maintain parts and equipment of the vehicle, in contravention of the Traffic Act.
However, the prosecution failed to prove that Kobia was incapable of maintaining control of the vehicle, leading to his acquittal by senior resident magistrate Lewis Gatheru of Makadara law courts.
According to the court records, a breathalyzer test receipt showed that Kobia had 0.24mg/l alcohol content in his body, but the magistrate ruled that this alone was not enough to prove that he was driving while drunk.
Magistrate Gatheru stated, 'The prosecution averred that the accused was driving the motor vehicle in question while drunk and produced a Breathalyzer receipt to prove their averment. It is my profound view that a Breathalyzer receipt such as the one produced in court will act as prima farcie proof that the accused was drunk to the extent specified.'
