Lawyer asks court to bar Rastafarians from bringing cannabis to hearings

In the petition, the Rastafarian community argues that prohibiting the private use of cannabis violates their constitutional rights, particularly freedom of religion, since the substance forms part of their spiritual practice.

“Don’t come with those substances in court,” the lawyer told the court.

When the matter came up for mention, parties agreed the case should proceed before Justice Bahati Mwamuye in Kiambu following his transfer from the current station. Lawyers said the case is old and that directions on hearing, filing of submissions, highlighting and delivery of judgment had already been issued.

Justice Mwamuye asked whether dates would be maintained with a new judge taking over the file, but parties raised concerns that transferring the matter could reopen proceedings and delay the judgment.

“Kiambu is not far, we will follow you there,” said lawyer Shadrack Wambui.

By consent, the court directed that the petition will proceed before Justice Mwamuye in Kiambu. The court further ordered that highlighting of submissions and delivery of judgment will be conducted virtually to ensure continuity and avoid delays.