We've been blocked from bringing cannabis seeds in court, Rastafarians lament

Member of the Rastafarians society of Kenya showcases sample of cannabis seeds in Milimani High Court/LEAH MUKANGAI

Members of the Rastafarian community have expressed frustration after security personnel barred them from bringing cannabis seeds into court as part of their evidence in an ongoing petition.

The petitioners, who are challenging what they describe as police harassment, argued that the seeds were meant to serve as exhibits to support their case.

The incident unfolded at the gates of the Milimani court precincts on Wednesday, where one of the members was barred from entering the premises with the seeds. 

The petitioners’ lawyers told the court that the seeds were intended as evidence to demonstrate the nature of spiritual and religious practices tied to their community. 

“These seeds are exhibits. We pray that they be allowed as evidence, and they do not pose any public danger,” they argued.

However, the court highlighted concerns over public safety and legality.

Justice Bahati Mwamuye granted the petitioners leave to file and serve affidavits annexing photographs of spiritual and religious objects, including the seeds, or any other items they wish to present as evidence. 

The judge emphasised the proper requirements for the production of electronic evidence, signaling that physical submission of the seeds was not necessary.

“The petitioners are reminded of the requirements for production of electronic evidence,” Justice Mwamuye said. 

He further cautioned that while witnesses prevented from attending court could have consequences under the law, he was not offering blanket immunity for any misuse of arrest powers.

"The seeds are contraband; security did the right thing. They denied entry so that we don't find a situation where there is an illegality,” the judge clarified.

Petitioners allege that police harassment has been a recurring issue for their community. 

Another lawyer referenced a recent case in Kibera, where a community member was escorted publicly by the Directorate of Criminal Investigations (DCI) to Lang’ata Police Station, where a search was conducted. 

They argue that these actions violate their rights and have prompted the application for an injunction against harassment.

The State, however, raised concerns that the petitioners’ documents did not indicate that carrying the seeds was formally allowed. 

They also noted that any claims of harassment should be backed by proper evidence before the court could issue orders.

"The last time you gave orders that the court will not give orders without evidence. If they wish the court to issue orders, they should file a formal application," state counsel Christopher Marwa submitted, warning that the move risked derailing the hearing of the matter.

The Rastafari Society argues that cannabis is central to its religious practice and that its criminalisation violates constitutional rights, including freedom of religion, dignity, privacy, and equality.

The hearing has been adjourned to March 23, 2026.