We Were Stopped from Bringing Cannabis Seeds in Court, Rastafarians Claim

A court in Kenya has blocked the Rastafarian community from submitting cannabis seeds as evidence in their petition against alleged police harassment, citing the items as contraband.

The incident occurred at Milimani Law Courts, where security officers stopped one of the petitioners from entering with the seeds, which were intended to highlight the spiritual significance of cannabis in Rastafarian practices. Lawyers for the community argued that the seeds were not for consumption but as exhibits, central to their case.

Justice Bahati Mwamuye ruled that the seeds could not be admitted, referring to them as illegal and advising the petitioners to submit photographic or electronic evidence instead. The judge emphasised the need to follow proper procedures for handling electronic evidence, saying that the court could not condone actions that might legitimise illegal activities.

The petitioners have alleged ongoing police harassment, with one recent incident involving the public escort of a Rastafarian adherent from Kibera to Lang’ata Police Station. They have requested an injunction to prevent further harassment.

The State has countered that the petitioners’ filings lack proper authorisation for carrying cannabis seeds and that claims of harassment must be backed by adequate evidence. State counsel Christopher Marwa reminded the court that judicial intervention requires substantiated proof, and cautioned against procedural errors that could delay the case.

The petition raises a constitutional issue: whether the criminalisation of cannabis infringes on rights to religious freedom, privacy, and equality. The Rastafari Society contends that cannabis is central to its spiritual identity and that the current laws amount to discrimination. The State, however, argues that public safety must take precedence and that narcotics legislation must be upheld.

The hearing will resume on 23 March 2026, when the court is expected to review the petition further.