Members of the Rastafarian community have voiced frustration after court security officers blocked them from entering the High Court with cannabis seeds they intended to present as evidence in an ongoing constitutional petition.
The petitioners, who are challenging what they term persistent police harassment, said the seeds were meant to be produced as exhibits to support their case. The incident occurred at the High Court gates, where security officials stopped the petitioners and their advocates from accessing the court premises with the seeds.
Addressing the court, lawyers representing the petitioners argued that the seeds were central to demonstrating the spiritual and religious practices of the Rastafarian community. They maintained that the items posed no public safety risk and should be admitted as evidence.
“These are exhibits meant to aid the court in understanding our clients’ spiritual practices. They do not pose any danger to the public,” counsel submitted.
However, the court raised concerns over legality and public safety. Justice Bahati Mwamuye declined to allow the physical presentation of the seeds, noting that they are classified as contraband.
Instead, the judge granted the petitioners leave to file and serve affidavits annexing photographs of the seeds and any other spiritual or religious objects they wish to rely on as evidence. He emphasised that the law provides clear procedures for the production of electronic evidence, making the physical submission of such items unnecessary.
“The petitioners are reminded of the legal requirements governing the production of electronic evidence,” Justice Mwamuye stated.
The judge further cautioned that while the court takes allegations of harassment seriously, it does not grant blanket immunity against lawful arrests or the exercise of police powers.
“The seeds are contraband. Security officers acted correctly by denying entry to avoid a situation where an illegality occurs within the court premises,” he added.
The petitioners insist that harassment by law enforcement agencies has been a recurring challenge for members of their community. 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, where a search was conducted.
They argue that such actions violate their constitutional rights and have prompted the application for an injunction to restrain further harassment.
The State opposed the petitioners’ position, submitting that there was no documentation showing that the possession or transportation of the seeds had been lawfully authorised. State counsel Christopher Marwa also stressed that allegations of harassment must be supported by concrete evidence before the court can grant any orders.
“Previously, the court was clear that it cannot issue orders without evidence. If the petitioners seek such orders, they must file a formal application,” Marwa told the court, cautioning that the issue risked derailing the substantive hearing.
The matter has been adjourned to March 23, 2026, for further directions.
