Court declines to admit bhang as evidence in Rastafari society case

The judge further declined to admonish the police at the Milimani High Court for refusing a member of the Rastafari Society John Wambua to pass through the security checks with “seeds of the weed (bhang)” which he alleged was for presentation as evidence in the case the society has filed pressing for its legalisation for use during their worship services.

“The police just enforced the law the way it should be done. They could not allow the trafficking of the psychotropic substance (bhang) into the courtroom in their bid to show the court that it is the sacrament being sought for use during their worship services for linking them with the deity,” said Justice Mwamuye.

The judge further declined to restrain the police from arresting and or harassing members of the Rastafari Society in Kenya while enforcing the anti-drugs law.

Instead, he directed lawyers Danstan Omari and Shadrack Wambui to file a substantive application articulating the various instances of harassment of the members of the society by police so that the State can respond before substantive orders can be given.

“This court cannot just give blanket orders against the police alleged to be arresting and prosecuting the society members while enforcing the drugs law,” ruled the judge.

At the same time the judge directed Mr Omari to file photographs/videos of bhang downloaded from the Internet, which he will rely on as electronic evidence during the hearing of the case.

The judge said the electronic evidence shall be admitted instead of asking the Rastafari to avail the real weed, which has since been outlawed by the government.

The judge gave the directives while adjourning the case to March 13 and 20, 2026 for hearing. The case had been listed for hearing on February 4, 2026, but adjourned since the lawyer prosecuting the case is indisposed.

Final submissions 

The judge set timelines for the parties to present their case on or before May 6, 2026 when final submissions shall be presented before a Judgement is rendered on May 27, 2026.

Besides the timelines, the judge also directed Mr Omari and Mr Wambui to furnish the court with a list of members of the Rastafari who will attend court on March 13/20,2026 to enable a deputy registrar of the High Court to make necessary arrangements with the court security officers for the access to follow the proceedings of their case.

The Rastafari Society of Kenya (RSK) is challenging the criminalisation of cannabis under the Narcotic Drugs and Psychotropic Substances Control Act.

The petition that was filed in 2021 seeks recognition of the Rastafari faith and a declaration that cannabis use for religious purposes should not be criminalised. 

The society maintains that cannabis is a sacrament central to its spiritual practice and that existing laws disproportionately affect its members.

In earlier court appearances, Rastafari members have staged peaceful cultural demonstrations outside court premises, singing and displaying symbols of their faith to call for respect and non-discrimination.

The issue of alleged police targeting was raised as the court considered an application to enjoin the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) as an interested party in the case.

The judge allowed Nacada to join the proceedings, noting that the authority’s statutory mandate on drug abuse prevention made it a relevant stakeholder in the dispute.

Hearing of the case resumes March 13, 2026.

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