Drama in Court as Rastafarians Attempt to Present Cannabis Seeds as Evidence

On Wednesday, February 4, members of the Rasta community clashed with court security officers after their entry into the Milimani Law Courts was denied due to the presence of cannabis seeds, which they were going to submit as evidence in an ongoing constitutional petition.

The altercation has reignited the debate surrounding religious freedom, legality, and the appropriate level of courtroom security for sensitive cases.

Petitioners are filing a lawsuit in which they are questioning the many times they’ve been stopped by police for being members of the Rastafarian faith.

Their legal counsel argued that the cannabis seeds were not intended for human consumption or sale but were to be used solely as an exhibit to illustrate the importance of cannabis in Rastafarianism from a religious or spiritual point of view.

Tension developed at the entrance of Milimani Law Courts when one of the petitioners was denied access to the grounds while holding cannabis seeds.

The incident delayed proceedings and prompted immediate submissions from the petitioners’ legal team, who urged the court to intervene and allow the evidence to be admitted.

“These seeds are exhibits. We pray that they be allowed as evidence, and they do not pose any public danger,” counsel for the petitioners submitted, insisting that security concerns were being overstated.

Legal Issues and Safety Concerns

While the court took a cautious approach, balancing the claims of the petitioners against concerns of legality and public safety.

Justice Mwamuye has found that cannabis is still considered a contraband under Kenyan Law and therefore creates question as to whether or not the court can provide physical possession of the seeds on court premises.

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Justice Mwamuye declined to compel security officers to admit the items but instead offered an alternative that would allow the case to proceed without violating the law.

He granted the petitioners leave to file affidavits annexing photographs of the seeds and other spiritual or religious objects they wish to rely on.

“The petitioners are reminded of the requirements for production of electronic evidence,” the judge stated, emphasising that documentary and photographic material could adequately serve the court’s purposes.

No Immunity for Misuse of Power

In his remarks, Justice Mwamuye also addressed broader concerns raised by the petitioners regarding arrests and intimidation.

While acknowledging that witnesses prevented from attending court could trigger legal consequences, he made it clear that the court was not shielding anyone from lawful enforcement.

“The seeds are contraband; security did the right thing. They denied entry so that we don’t find a situation where there is an illegality,” the judge clarified, drawing a firm line between religious expression and statutory prohibitions.

Harassment claims under scrutiny

Petitioners told the court that alleged harassment has been recurrent, citing a recent incident in Kibera where a Rastafarian was publicly escorted by officers from the Directorate of Criminal Investigations to Lang’ata Police Station for a search.

They argue such actions are degrading and discriminatory, forming the basis of their application for injunctive relief.

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The State objected to the application, telling the court that the available evidence was insufficient to support an order allowing for possession of the seeds in question.

The prosecuting authority’s lawyer, Mr Marwa, cautioned against the issuing of any such orders unless there was a reasonable basis for issuing them.

“The last time you gave orders, the court will not give orders without evidence. If they wish the court to issue orders, they should file a formal application,” Marwa submitted, cautioning that the current approach risked derailing the substantive hearing.

The matter has been adjourned, with the hearing scheduled to resume on March 23, 2026.

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Milimani Law Courts in Nairobi. PHOTO/ Capital FM.