Court bars Marijuana seeds, sets timelines in Rastafari legalisation case

The High Court has set strict timelines in a petition seeking the legalisation of cannabis sativa (bhang), warning parties that no cannabis seeds should be allowed in court premises and may only be presented as photographic exhibits in their supporting evidence.

While issuing its directions, the court emphasized the need to bring the case to a conclusion, noting that it affects a large number of people and has been before the court for several years.

Rastafarians society following a proceedings at the Milimani law courts on February 4,2026

Justice Bahati Mwamuye observed that the matter had been in court for a long time and noted that there would be no further adjournments.

“This is a 2021 matter affecting a large number of persons and ought to be concluded expeditiously. The timelines issued are final, and no further adjournments shall be entertained,” he ruled.

The court directed that the hearing will proceed on March 13 and March 20, 2026, at 9:30 a.m.

The petitioners are expected to file and serve their written submissions by April 10, 2026, while the respondents must file and serve theirs by April 24, 2026.

Highlighting of submissions is scheduled for May 6, 2026, with judgment set for May 27, 2026, at 10:30 a.m.

In courts

During the proceedings, counsel for the petitioners informed the court that some petitioners had been denied entry into the court premises after security officers found them carrying cannabis seeds, which were intended to be used as exhibits.

Counsel explained that the items were meant to demonstrate materials allegedly used in the petitioners’ spiritual practices.

“The purpose of bringing the seeds was to demonstrate items used in their spiritual or religious practices,” counsel stated.

Counsel for an interested party opposed the move, arguing that the exhibits had not been included in the affidavits filed before the court and should not be introduced without a formal application.

In its ruling, the court made it clear that cannabis seeds remain prohibited under Kenyan law and cannot be brought into court premises.

Rastafarians during a press briefing outside the courts building on February 4,2026/Sarah Awinja 

The judge stated, “The seeds are contraband and illegal in Kenya as per the law and cannot be allowed in court premises.”

However, the court allowed the petitioners an alternative way of placing their evidence on record.

The court granted the petitioners leave to file and serve a further affidavit containing photographs of spiritual or religious objects or artefacts instead of producing the physical items.

The judge further directed that “any witness properly listed in the matter shall be allowed access to the court premises.”

The petition was filed by the Rastafari Society of Kenya, Mwendwa Wambua alias Ras Prophet, and other petitioners against the Attorney General and the Kenya Law Reform Commission.

According to court documents, the petitioners challenge sections of narcotics laws enacted in 1994, arguing that they were passed long before the 2010 constitutional dispensation and have continued to discriminate against members of the Rastafari faith.

The petitioners contend that the laws have served to “frustrate, stigmatize, and victimize” their community.

They further argue that the continued enforcement of these provisions violates their constitutional rights to freedom of religion and worship, freedom of association, and the right to privacy, as guaranteed under Articles 32, 36, and 31 of the Constitution