Kenya’s High Court has dismissed a petition by the Rastafari Society of Kenya seeking to legalise cannabis for religious purposes, ruling that the community failed to prove that the country’s drug laws violated their constitutional rights.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye held that the Rastafarians had not discharged the burden of proving that provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act infringed on their rights to freedom of religion, privacy, dignity, equality and association. The petitioners had argued that cannabis is a sacred sacrament central to their faith and sought a limited exemption allowing its private use during worship, without seeking the drug’s wholesale legalisation.
The judge found the evidence presented on the centrality of cannabis to the Rastafari faith inconsistent and insufficient to establish it as an essential element of the religion. He ruled that any limitation on the petitioners’ rights was justified under Article 24 of the Constitution, given the state’s legitimate objective of protecting public health and safety.
The Attorney General, the Kenya Law Reform Commission and the National Authority for the Campaign Against Alcohol and Drug Abuse had opposed the petition, warning that a religious exemption would be difficult to regulate and could open loopholes for abuse and trafficking.
Despite dismissing the case, Justice Mwamuye used part of his ruling to question Kenya’s broader approach to cannabis, noting that its use has become widespread and is no longer confined to the Rastafarian community. He observed that cannabinoid products are now sold openly in shops and supermarkets, and that several prominent Kenyans have publicly admitted past or present use of the drug.
“This is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society,” the judge said, adding that the country could no longer address the issue “as the proverbial ostrich does by burying our collective heads in the sand.”
He also questioned whether the country’s limited law enforcement and prosecutorial resources should continue targeting people found with small amounts of cannabis, when the same resources are needed to fight serious crimes such as robbery with violence and sexual offences. Still, he maintained that any policy shift must come from Parliament and other appropriate institutions, not the judiciary.
The community’s lawyer said they would appeal the ruling, arguing that Kenya cannot continue what they termed the harassment of Rastafarians over their religious practices. Following the judgment, members of the community gathered at Nairobi’s Freedom Corner in protest.
The ruling comes seven years after another High Court decision recognised Rastafarianism as a protected religion in Kenya.
