Waititu's son Brian Ndung'u fined Sh30,000 for drink-driving

 

Former Kiambu Governor Ferdinand Waititu's son has been fined Sh30,000 by a Nairobi court for driving a vehicle while under the influence of alcohol.

Mr Brian Ndung'u was convicted by Senior Principal Magistrate Esther Kimilu after pleading guilty to the offence.

He will serve three months in prison if he does not pay the fine.

The prosecution said Mr Ndung’u was arrested in the wee hours of March 15 while driving a private car on Muindi Mbingu Street in Nairobi County. The court heard that he was inebriated.

In mitigation, Mr Ndung'u pleaded for leniency saying he will not repeat the offence.

Offence illegitimate

Two years ago, the High Court declared the traffic offence of drink-driving as illegitimate.

Justice Teresiah Matheka ruled that driving a vehicle while under the influence of alcohol is not an offence as long as the driver is capable of controlling it.

The judge said the offence of drink-driving crystallises when the driver cannot control the vehicle.

“Merely having alcohol in your system is not an offence. The offence crystallises when you cannot control the vehicle you are driving. Those are the words of Section 44(1) of the Traffic Act,” said Justice Matheka.

She also noted that alcohol contents can get into the body system through consumption of medicinal drugs.

Evidence

The judge further held that even where an accused person pleads guilty to the charge of drink-driving, the prosecution is expected to provide sufficient facts to support it.

She said that under Section 44(1) of the Traffic Act, the prosecution is required to show that the driver was so drunk that he could not exercise proper control of the vehicle.

She noted that some drivers end up pleading guilty to the offence out of fear and confusion, and even ignorance about processes.

“Our criminal justice system is open to abuse by those who wield power despite the rights guaranteed for an accused person. Secondly, it is not a friendly system and it is yet to be fully demystified and attain the requisite levels of professionalism. Persons of all walks of life are intimidated by it,” the judge said.  BY DAILY NATION