A lawyer has moved to the High Court seeking orders to bar members of the Rastafarian community from bringing prohibited substances to court as a constitutional petition challenging laws criminalising cannabis continues.
The petitioners, drawn from the Rastafarian community, argue that laws prohibiting the private use of cannabis violate their constitutional rights — particularly freedom of religion — maintaining that the substance forms part of their spiritual practice.
Case to Proceed Before Bahati Mwamuye in Kiambu
When the matter came up for mention, parties agreed that the case should proceed before Justice Bahati Mwamuye in Kiambu following his transfer from his previous station.
Lawyers informed the court that the case is long-standing and that directions regarding the hearing, filing of submissions, highlighting, and delivery of judgment had already been issued.
Justice Mwamuye sought clarification on whether parties would be willing to maintain the set dates and proceed before a different judge. However, counsel expressed concern that assigning the matter to a new judicial officer could reopen proceedings and further delay judgment.
“Kiambu is not far, we will follow you there,” lawyer Shadrack Wambui told the court.
Virtual Highlighting to Avoid Delay
By consent, the court directed that the petition will proceed before Justice Mwamuye in Kiambu, with highlighting of submissions and delivery of judgment to be conducted virtually to prevent additional delays.
The case continues to draw attention as it tests the intersection between religious freedom and Kenya’s narcotics laws.
