Rastafarians Frustrated After Security Stops Cannabis Seeds from Being Presented as Evidence

Members of the Rastafarian community have raised concerns after court security officers stopped them from entering the Milimani Law Courts with cannabis seeds, which they intended to present as evidence in an ongoing constitutional petition.

The petitioners, who accuse police of persistent harassment, said the seeds were meant to support their case by illustrating aspects of their spiritual and religious practices. The incident happened on Wednesday at the entrance of the Milimani court compound, where one of the community members was denied access while carrying the seeds.

Their lawyers explained to the court that the seeds were not meant for illegal use but were intended as exhibits to help the judges understand the religious significance attached to them within the Rastafarian faith.

“These are exhibits meant to support our petition. We request that they be allowed as evidence because they do not pose any danger to the public,” the lawyers told the court.

However, the court expressed reservations over safety and legal concerns. Justice Bahati Mwamuye ruled that the petitioners could instead submit affidavits accompanied by photographs of the spiritual and religious items, including the seeds, rather than presenting the physical objects in court.

The judge reminded the petitioners of the legal requirements for submitting electronic evidence, noting that it was not necessary to physically bring the seeds into the courtroom.

Justice Mwamuye also warned that while the court recognises the importance of witnesses attending hearings, it would not tolerate abuse of arrest powers or unlawful conduct under the guise of legal processes.

He further stated that the cannabis seeds remain illegal under Kenyan law, adding that security officers acted appropriately by denying entry to prevent any breach of the law.

The petitioners maintained that police harassment has been a recurring problem for their community. One of their lawyers cited a recent incident in Kibera, where a Rastafarian member was publicly escorted by officers from the Directorate of Criminal Investigations (DCI) to Lang’ata Police Station for questioning and a search.

According to the petitioners, such actions violate their constitutional rights, prompting them to seek court orders to stop alleged harassment by law enforcement agencies.

On the other hand, the State argued that the petitioners had not provided proof that carrying cannabis seeds was legally permitted. State counsel Christopher Marwa also insisted that any claims of harassment must be supported by concrete evidence before the court can issue orders.

He warned that issuing directives without sufficient proof could disrupt the proper hearing of the case.

The Rastafari Society argues that cannabis plays a central role in its religious beliefs and that its criminalisation infringes on constitutional rights such as freedom of religion, dignity, privacy, and equality.

The court has adjourned the hearing to March 23, 2026.

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