NAIROBI, Kenya- A lawyer representing the Attorney General has asked the High Court to direct members of the Rastafarian community not to bring prohibited substances to court as proceedings continue in a petition challenging laws criminalising cannabis.
The petitioners, drawn from the Rastafarian community, argue that laws prohibiting the private use of cannabis infringe on their constitutional rights, particularly freedom of religion.
They contend that cannabis forms part of their spiritual practice and religious expression.
“Don’t come with those substances in court,” the lawyer told the court during the mention of the matter.
Case to Proceed Before Justice Bahati Mwamuye in Kiambu
When the case came up for mention, parties agreed that it should proceed before Bahati Mwamuye in Kiambu following his transfer from the current station.
The parties noted that the matter is old and that comprehensive directions had already been issued regarding the hearing, filing of submissions, highlighting, and delivery of judgment.
“Do we maintain the dates and you be heard by the judge who will replace me?” Justice Mwamuye posed to counsel.
Lawyers expressed concern that referring the case to a new judge would risk reopening proceedings and delaying the judgment.
“Kiambu is not far, we will follow you there,” said lawyer Shadrack Wambui.
Virtual Hearing to Ensure Continuity
By consent of all parties, and with the court taking into account the age of the case and the directions already issued, it was agreed that the petition will proceed before Justice Mwamuye in Kiambu.
The court further directed that the highlighting of submissions and the delivery of judgment will be conducted virtually to ensure continuity and avoid further delay.
