Drink-driving: what the law says
Traffic Act · sources read 3 Oct 2026
Driving, trying to drive or being in charge of a vehicle on a road or public place while under the influence of alcohol or a drug beyond the prescribed limits is an offence: a fine of up to KSh 100,000, up to 2 years in jail, or both. A conviction also means losing your licence for at least 12 months. The limit for ordinary drivers is 35 micrograms per 100 ml of breath; for matatu, commercial and school vehicle drivers it is zero.
- Where
- Report drunk drivers to the police on 999, 112 or 911; charges are decided in court
Steps
- To report a drunk driver, call the police on 999, 112 or 911.
- Drink-driving charges are decided in court. On conviction, the court must bar the driver from holding or getting a licence for 12 months, and can order longer.
Watch out
- You can be charged even if you were not driving: being in charge of the vehicle, or trying to drive it, is enough.
- Drugs count too, not just alcohol.
- Only a uniformed police officer can ask you for a breath, blood or urine test. Blood and urine are taken by a doctor or clinician.
- The breathalyser must be KEBS-approved and calibrated, with a fresh straw for you, used by a trained officer.
- Refusing the test is itself an offence.
Who this covers
- Applies to anyone driving, trying to drive or in charge of a motor vehicle on a road or other public place.
- Legal limit for ordinary drivers: 35 micrograms of alcohol per 100 ml of breath (80 in blood, 107 in urine).
- Matatu, bus, lorry, commercial and school transport drivers: zero. No alcohol at all.
Official sources (4)
- Traffic Act (Cap. 403) new.kenyalaw.org · read 3 Oct 2026
- Senate Supplementary Order Paper, Thursday 14 May 2026 parliament.go.ke · read 3 Oct 2026
- National Police Service - Kenya Police kenyapolice.go.ke · read 3 Oct 2026
- The Traffic (Drink-Driving) Rules, 2026 (L.N. 12 of 2026) new.kenyalaw.org · read 2 Oct 2026