High Court Not So ‘High’: Rastafarians Denied Entry With Cannabis Seeds

Members of the Rastafarian community were Wednesday denied a chance to present evidence after High Court security stopped them from bringing cannabis seeds into Court in a petition alleging police harassment.

The incident occurred at the High Court gates, where petitioners and their lawyers were denied entry with the seeds. The petitioners told the Court that the seeds were central to their case, reflecting the spiritual and religious practices associated with their faith.

Their lawyers argued that the seeds posed no threat to public safety and should be admitted as exhibits.

“These are spiritual objects and exhibits in this matter. We urge the Court to allow them as evidence,” counsel said, insisting that the seeds were not intended for any unlawful purpose.

Despite these arguments, the Court raised concerns about legality and public safety.

Court Rules Cannabis Seeds Are Contraband

Justice Bahati Mwamuye clarified that cannabis seeds are classified as contraband under Kenyan law and upheld the actions of Court security, stating:

“The seeds are contraband. Security did the right thing in denying entry to avoid a situation where illegality is introduced into the Court premises.”

However, the judge granted the petitioners permission to submit additional affidavits and annex photographs of the disputed seeds or other spiritual or religious items they wished to rely on as evidence. He noted that the law permits parties to present electronic evidence, provided statutory requirements are met, making physical production unnecessary.

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

Allegations of Police Harassment

During the hearing, the judge also warned against abuse of police powers, noting that while unlawful arrests would not be condoned, the Court could not grant blanket immunity to individuals citing religious practice.

The petitioners allege that members of their community have faced repeated harassment by police. One lawyer cited a recent case 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 action they say violated constitutional rights.

The State opposed the petition, arguing that the petitioners had not proven that possession of the seeds was legally sanctioned. State counsel Christopher Marwa added that allegations of harassment must be supported by concrete evidence, and cautioned the Court against issuing orders without a formal application, warning this could derail the proceedings.

The Court adjourned the hearing to March 23, 2026, for further directions.

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