A lawyer representing Kenya’s Attorney General (AG) on Thursday, February 26 asked the High Court to direct members of the Rastafarian community not to bring prohibited substances to court as proceedings continue, in a petition challenging laws criminalising cannabis.
Christopher Marwa specifically asked the court to bar the Rastafarian members from bringing bhang in court during the proceedings.
In the petition, the Rastafarian community argues that laws prohibiting the private use of cannabis violate their constitutional rights, particularly the right to freedom of religion, since the substance forms part of their spiritual practice.
“Don’t come with those substances in court,” the lawyer said.
When the matter came up for mention, the parties agreed that the case be heard before Justice Bahati Mwamuye in Kiambu, following his transfer from the current station.
The parties noted that the matter is old and that comprehensive directions had already been issued on the hearing, filing of submissions, highlighting and delivery of judgment.
“Do we maintain the dates and you be heard by the judge who will replace me,” Judge Bahati Mwamuye asked.
They expressed concern that referring the case to a new judge would risk reopening the proceedings and delaying the judgment.
“Kiambu is not far we will follow you there,” said lawyer Shadrack Wambui.
By consent of all parties, and the court being cognisant of the age of the matter and the directions already given, it was agreed that the case shall proceed before Justice Bahati Mwamuye in Kiambu.
The court further directed that the highlighting of submissions and the delivery of judgment shall be conducted virtually to ensure continuity and avoid further delay.
