Kenyan High Court Rejects Rastafarians’ Bid to Legalise Cannabis for Religious Use
Kenya’s High Court has rejected a constitutional petition by the Rastafari Society of Kenya seeking to legalise cannabis for religious purposes.
Justice Bahati Mwamuye ruled that the petitioners failed to prove that the prohibition under the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, violates their rights to freedom of religion, dignity, privacy, or equality. The court upheld the constitutionality of the existing ban on cultivation, possession, and use of cannabis.
The society had argued that cannabis, known locally as bhang, is a sacred sacrament essential to Rastafarian worship, meditation, and communal reasoning. Adherents claimed the law forces them to choose between their faith and compliance with state regulations.
While recognising Rastafarianism as a protected religion, the judge found insufficient evidence that cannabis use is a mandatory element of the faith. The state opposed the petition, citing risks to public health and potential enforcement challenges.
The case, filed in 2021, faced procedural issues, including restrictions on presenting physical cannabis as evidence in court. Lawyers for the Rastafari Society expressed disappointment and announced plans to appeal the decision.
The ruling is expected to fuel national debates about cannabis policy, potentially leading to reforms for medicinal or economic use. It also underscores the ongoing conflict between religious freedoms and drug control laws in Kenya.
