Rastafarians Lose Legal Battle Over Cannabis Use in Kenya
A six-year legal challenge by the Rastafari Society of Kenya to secure the right to use cannabis during religious worship has ended in defeat after the country’s High Court upheld Kenya’s ban on the drug.
In a ruling delivered by Justice Bahati Mwamuye, the court held that the country’s laws prohibiting the cultivation, possession and use of cannabis do not violate the constitutional right to freedom of religion.
The Rastafari Society had argued that cannabis is a sacred sacrament central to its faith and sought a limited exemption that would allow members to cultivate, possess and use the substance in private homes and designated places of worship without facing arrest or prosecution.
However, the court found that the petitioners failed to provide sufficient evidence to show that cannabis use is an indispensable religious practice deserving constitutional protection.
The Kenyan government opposed the application, maintaining that creating a religious exemption could undermine efforts to enforce anti-drug laws and encourage illegal cannabis trafficking.
While dismissing the petition, Justice Mwamuye said the issue of cannabis should remain a subject of national discussion, noting that any debate on its use extends beyond the Rastafarian community and concerns the wider public.
Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act criminalises the possession, cultivation and trafficking of cannabis.
Those found guilty of possessing the drug for personal use face penalties that include imprisonment, fines or both, while cultivation attracts even stiffer sanctions.
Reacting to the judgment, the society’s lawyer, Danstan Omari, announced plans to challenge the ruling on appeal, insisting the group would continue to pursue legal recognition of cannabis use as part of its religious practice.
The decision comes years after another High Court ruling recognised Rastafarianism as a protected religion in Kenya and declared that expelling a student because of her dreadlocks violated her constitutional rights.
Despite that recognition, the latest judgment affirms that Kenya’s ban on cannabis applies equally to members of the Rastafarian faith.
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