Roots Party presidential candidate, George Luchiri Wajackoyah, has in the last few months made headlines for his advocacy for the legalisation of marijuana popularly known as bhang.
However, a section of Kenyans have raised concern over the legality of his campaigns given that cannabis is illegal in the country.
Speaking to Kenyans.co.ke, Peter Mabuka, a city based lawyer, explained that the presidential candidate was not doing anything illegal by advocating for the legalisation of marijuana hence he cannot be arrested.
He explained that Wackoyah can only be arrested if he is found in possession of cannabis or distributing it at his rallies.
"He has not been arrested because he has not smoked in public or he is not in possession of the substance. He is only advocating for it to be legalized since at the moment it is not allowed in Kenya.
"Cannabis is mainly governed by the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994 which lists the illegalities relating to the drug," stated Mabuka.
As per the 1994 Act, it is stipulated that an individual can be arrested and prosecuted for the importation, exportation, manufacture, buying, sale, giving, supplying, storing, administering, conveyance, delivery, or distribution of bhang.
"A person guilty of an offense under Sub Section 1 shall be liable in respect of cannabis, where the person satisfies the court that the cannabis was intended solely for his own consumption, to imprisonment for ten years and in every other case to imprisonment for twenty years," reads the Act in part.
During his campaigns, Wajackoyah has insisted that his administration will only allow the local production of cannabis after it is legalised.
He maintains that the drug can earn the country a lot of revenue and pay off some of the debt, especially from China.
"The solution is growing marijuana, which will enable this country to pay outstanding debts. Have enough money for all Kenyans. And if one sack of marijuana is USD3.8 million, if you convert that into Kenyan currency, it is a lot of money.
"We are going to export it, not import it. We are going to grow it and export it. I'm just back from the United States and Canada during my research and trust me, there are so many companies willing to buy. They tell me that they have a ready market Canada," he stated.
