The High Court dismissed a petition by members of the Rastafarian community seeking to legalize the use of cannabis (bhang) for religious purposes, ruling that they failed to prove that the country’s drug laws violate their constitutional rights.
Justice Bahati Mwamuye held that the petitioners did not discharge the burden of demonstrating that the Narcotic Drugs and Psychotropic Substances (Control) Act infringes on their freedom of religion, conscience and belief as protected under the Constitution.
The judge however, acknowledged the need for a wider national conversation on cannabis policy.
“We ought to have frank conversations on cannabis and which direction we should take,” Justice Mwamuye said.
The court found that the petitioners failed to present sufficient evidence showing that the criminalization of cannabis substantially interferes with the practice of the Rastafarian faith, or that the existing law is unconstitutional.
Justice Mwamuye further ruled that Kenya’s laws prohibiting the cultivation, possession and use of cannabis remain valid and enforceable. He noted that any exemption allowing the use of cannabis for religious purposes would require a sound constitutional and legal foundation, which the petitioners failed to establish.
The ruling is a major setback for the Rastafarian community, whose members had asked the court to recognize the sacramental use of cannabis as part of their religious practice and to exempt them from criminal sanctions.
As a result of the judgment, the Narcotic Drugs and Psychotropic Substances (Control) Act remains fully in force, with no religious exemption for the use of cannabis. Members of the Rastafarian community will therefore continue to be subject to Kenya’s existing drug laws.
The group’s lawyers said they will appeal the ruling.
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