Court declines to bar police from arresting petitioners in legalisation of bhang case
By Zipporah Ngwatu, February 4, 2026A Nairobi High Court has declined to issue orders barring police from arresting members of the Rastafarian Society of Kenya pushing for the legalisation of bhang for spiritual use.
Justice Bahati Mwamuye refused to issue the orders after it emerged that there was no formal application and evidence to prove that the members involved in the case were being harassed by police.
However, Judge Mwamuye warned the state of consequences if the court finds out that any of the witnesses in the matter are arrested to prevent them from tendering their evidence in court.
“Mr Marwa, if a witness who is on the list of witnesses is prevented from attending because they were arrested, there are consequences,” Judge Mwamuye said.
“I am not giving blanket immunity if they get arrested for whatever they have done or are alleged to have done; that’s fair enough, but if it is shown on the balance of probabilities that this was an attempt to interfere with them giving evidence, there will be a response by the court,” Justice Mwamuye added.
The Rastafarian society, through their lawyers, informed the court that some of its members have been targeted by police officers several times.
They argued that some of the members have been subjected to unwarranted searches and arrests by police officers; thus, the court is to issue the orders.
Appearing before Justice Mwamuye on Wednesday, February 4, 2026, State Counsel Christopher Marwa vehemently opposed the application by the Rastafarian Society.
Marwa told the court that the last time the petitioners sought the same orders, the court directed them to file a formal application.
“My lord, on the issue of constant harassment by police, when we appeared before you last time, the court directed that they file a formal application on the harassment issue,” Marwa told the court.
“I am opposed to it, and let them file a formal application for it to be acted on,” Counsel Marwa submitted.
“My prayer is they file a formal application for the court to issue an order barring arrests,” Counsel Marwa added.
Notably, the Rastafarian Society complained that some were barred at the Milimani Law Courts entrance by the security from accessing the courts because they were carrying bhang seeds.
They urged the court to issue directions ordering the security team to allow the members access to the court premises with marijuana seeds as exhibits for the ongoing case.
This prompted Judge Mwamuye to ask them to explain to the court the actual purpose of the bhang seeds being brought to court.
“What was the purpose of bringing the seeds to court?” the judge asked.
In response, they told the court that they wanted to demonstrate what they were fighting to have the court declare for their spiritual use.
Judge Mwamuye ruled that it is illegal to have bhang seeds within the court premises, noting that the security team did the right thing not to allow them access to the court with the seeds.
Today’s hearing was adjourned to March 13 and 20, 2026, commencing at 9:30am; highlighting of the written submission has been scheduled for May 6, 2026, and judgement of the matter will be delivered on May 27, 2026.