Long arm : Justice Sankale Ole Kantai was arrested after he refused to take an Alcoblow test when he was stopped while driving along Ngong Road
A top judge spent Friday night in police cells after he was arrested on suspicion of driving under the influence along Ngong Road.
Court of Appeal Judge Sankale Ole Kantai was driving his official GK vehicle at the time of his arrest. He was booked in at the Muthaiga Police Station under Occurrence Book (OB) number 4/3/5/2014. The OB seen by NairobiNews indicates the judge refused to submit to the alco-blow test.
The same entry indicates that the judge was released on Saturday at 7.52am. When contacted, the judge,who is based in Kisumu, confirmed that he was aware of the matter.
“The judge says he is aware of the matter and he is trying to sort it out,” his secretary said. Officers at the station who spoke on condition of anonymity because police rules prohibit them from speaking to the press said they could not prefer drink driving charges against the judge because he refused to take the test.
But that may not save the judge though as traffic laws state that when a driver refuses to submit to the test, he or she will be deemed to have failed the test and committed an offence.
“‘Fail’ includes ‘refuse’,” the rules say. Drink driving is illegal in Kenya and those convicted face a fine of Sh100,000 or to imprisonment for a term not exceeding two years or to both.
A judge or a magistrate can also ban an offender from holding or obtaining a driving licence for a year from the date of conviction.