NAIROBI, Kenya – Members of the Rastafarian community were left frustrated on Wednesday after High Court security officers barred them from entering the court premises with cannabis seeds they sought to present as evidence in a petition challenging alleged police harassment.
The incident unfolded at the High Court gates as petitioners, accompanied by their advocates, attempted to gain entry with the seeds, which security officers ruled were prohibited from being brought into the court precincts.
The petitioners later told the Court that the cannabis seeds were a central part of their case, intended to demonstrate the spiritual and religious significance of cannabis within Rastafarian beliefs.
Their lawyers argued that the items posed no threat to public safety and that denying their production undermined the petitioners’ constitutional right to fully present their case.
“These are spiritual objects and exhibits in this matter. We urge the Court to allow them as evidence,” counsel submitted, maintaining that the seeds were not intended for any illegal use.
However, the Court raised concerns over legality and security.
Justice Bahati Mwamuye ruled that cannabis seeds are classified as contraband under Kenyan law and upheld the decision by court security to deny entry.
“The seeds are contraband. Security did the right thing in denying entry to avoid a situation where illegality is introduced into the Court premises,” Justice Mwamuye stated.
Despite the ruling, the judge allowed the petitioners to file additional affidavits and annex photographs of the disputed seeds and any other spiritual or religious items they intend to rely on as evidence.
He noted that the law permits the use of electronic evidence, provided statutory requirements are met, and clarified that physical production of the seeds was unnecessary.
“The petitioners are reminded of the requirements governing the production of electronic evidence,” the judge said.
During the hearing, Justice Mwamuye also cautioned against the abuse of police powers, observing that while the Court would not condone unlawful arrests or harassment, it could not grant blanket immunity from the law under the guise of religious practice.
The petitioners allege that members of the Rastafarian community have been subjected to repeated police harassment.
One advocate cited a recent incident in Kibera where a Rastafarian was publicly escorted by officers from the Directorate of Criminal Investigations (DCI) to Lang’ata Police Station for a search, an act they say violated constitutional rights and human dignity.
The State opposed the application, with State counsel Christopher Marwa arguing that claims of harassment must be supported by concrete evidence.
He urged the Court to avoid issuing orders without a formal application, warning that doing so could derail the proceedings.
The Court adjourned the hearing to March 23, 2026.
