Kenya’s High Court Rejects Rastafarian Bid to Legalise Cannabis for Religious Use

NAIROBI, Kenya — Kenya’s High Court has dismissed a petition by members of the Rastafarian community seeking the legalisation of cannabis for religious purposes, preserving the country’s prohibition on the possession, cultivation and use of the substance.

In a judgment delivered on Wednesday, July 15, Justice Bahati Mwamuye ruled that the petitioners had failed to provide sufficient evidence showing that the Narcotic Drugs and Psychotropic Substances (Control) Act violated their constitutional rights.

The Rastafari Society of Kenya had argued that cannabis, commonly known in Kenya as bhang, is a sacred substance used during worship, meditation and other spiritual practices. The group maintained that criminalising its use interfered with the constitutional freedoms of religion, conscience and belief.

However, Justice Mwamuye held that the petitioners had not discharged the legal burden required to demonstrate that the existing narcotics law was unconstitutional or that members of the community were entitled to a religious exemption.

The court reportedly found that the evidence presented was insufficient to establish a clear and consistent connection between cannabis use and the religious practices cited in the petition.

The case, filed in 2021, challenged provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act that prohibit the possession, cultivation and consumption of cannabis.

The petitioners also argued that enforcement of the law subjected Rastafarians to discrimination, arrests and interference with their spiritual activities. They wanted the court to exempt genuine religious use from criminal prosecution.

The government opposed the petition, maintaining that cannabis remains a prohibited narcotic substance and that restrictions on its use are justified by public health, public safety and law-enforcement concerns.

Wednesday’s decision means that Rastafarians remain subject to the same cannabis laws as other Kenyans, with no special legal exemption for religious ceremonies or personal spiritual use.

Despite rejecting the constitutional challenge, Justice Mwamuye acknowledged that cannabis regulation remains an issue of considerable public importance and called for a broader national conversation on the country’s cannabis policy.

The observation leaves the door open for Parliament, policymakers, health experts, religious organisations and members of the public to debate whether Kenya’s current legal framework should be reviewed.

Cannabis remains illegal in Kenya under legislation enacted in 1994. The law criminalises its cultivation, possession, trafficking and consumption, although calls for reform have grown in recent years amid international debates over medicinal cannabis, industrial hemp and controlled religious use.

Several countries have relaxed their cannabis laws for medical, industrial or private use, while others continue to impose strict criminal restrictions. Before Wednesday’s ruling, members of Kenya’s Rastafarian community had expressed hope that the court would recognise cannabis as central to their faith and grant them constitutional protection.

The court’s decision does not prevent future legislative reforms. However, any change allowing religious, medicinal or recreational use would now most likely require action by Parliament or a successful appeal against the High Court ruling.