Kenya High Court Upholds Cannabis Ban for Rastafari Religious Use

The High Court of Kenya has officially upheld the country’s ban on the possession, use, and cultivation of cannabis. In a judgment delivered on Wednesday, July 15, Justice Bahati Mwamuye dismissed a constitutional petition filed by the Rastafari Society of Kenya, which had sought a limited religious exemption to use the substance as a sacrament.

The court’s decision maintains the current legal status of cannabis—commonly referred to as bhang—under the Narcotic Drugs and Psychotropic Substances (Control) Act. While the judge acknowledged the petitioners’ arguments regarding freedom of religion, he concluded that they failed to meet the required legal threshold to invalidate existing legislation.

Legal Basis for the Dismissal

The Rastafari Society of Kenya had challenged the constitutionality of the Narcotic Drugs and Psychotropic Substances (Control) Act, arguing that the criminalization of cannabis infringed upon their rights to freedom of religion, privacy, dignity, equality, and association. They clarified that they were not seeking wholesale decriminalization, but rather a narrow exemption for private use during worship and in designated places of faith.

The Attorney General, the Kenya Law Reform Commission, and the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) opposed the petition. These entities argued that the law serves the legitimate purpose of protecting public health and safety. Furthermore, they contended that the Rastafari community failed to prove that cannabis use is an essential tenet of their faith.

In his ruling, Justice Mwamuye agreed with the state’s position, noting that the evidence provided by the petitioners regarding the centrality of cannabis to their religious practice was “inconsistent and insufficient.” The court held that any limitation on the petitioners’ rights was reasonable and justifiable under Article 24 of the Constitution, as the existing laws pursue the objective of protecting public health and safety.

A Call for National Dialogue

Despite upholding the ban, Justice Mwamuye used his ruling to highlight a growing disconnect between existing laws and the current social reality in Kenya. He remarked that the status quo appears “untenable” and urged the country to engage in a “full and frank conversation” regarding the future of cannabis regulation.

Justice Mwamuye observed that cannabis use has become widespread across the country, transcending the Rastafarian community. He noted that products containing cannabinoids are now sold openly in mainstream shops, and references to the drug are pervasive in popular culture, music, and public transport. Additionally, the judge pointed out that many prominent Kenyans have publicly admitted to past or present use of the drug.

The judge questioned whether it remains effective to deploy limited law enforcement and prosecutorial resources against individuals found with small amounts of the drug. He suggested those resources might be better utilized in the investigation and prosecution of serious offenses, such as sexual violence, assault, and robbery with violence.

“This is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society,” Justice Mwamuye stated, adding that the country could no longer address the issue “as the proverbial ostrich does by burying our collective heads in the sand.”

Implications and Next Steps

The court emphasized that while it has the power to interpret the law, it is not the role of the judiciary to reform national policy. Justice Mwamuye stated that any changes to the current cannabis framework must come from policymakers and the public. Furthermore, the judge observed that the petitioners had not exhausted all available legal and administrative mechanisms before bringing the matter to the constitutional court. As a result of the dismissal, the legal framework remains unchanged.

The ruling is expected to influence future constitutional challenges regarding the substance. At the time of publication, the Rastafari Society of Kenya had not indicated whether they would appeal the decision.

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