The law is backed on evidence that should be emperically tested, what you're saying is an allegation and how do you prove the allegation ,intoxicated is very vague and drunkardness you have to undergo a blood test or alchoblow test .
Kenya traffic act 44 and 45 only talks about drunk driving which is alcoholic content in the blood, being intoxicated is a different thing under traffic act.I still stand to be corrected.