Kenya’s High Court has dismissed a petition seeking to legalise the use of cannabis by Rastafarians for religious purposes, ruling that the country’s ban on marijuana does not violate the constitutional right to freedom of religion.
Delivering judgment on Wednesday, Justice Bahati Mwamuye said Kenya’s laws prohibiting the cultivation, possession and use of cannabis remain valid, adding that exempting Rastafarians would require a stronger constitutional and legal basis than the petitioners had presented.
While rejecting the application, the judge called for a broader national conversation on Kenya’s drug policy.
“This is not just a question for the Rastafari community but one that cuts across society,” he said.
Under Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act, cultivating, possessing or using marijuana is illegal. The Rastafarian community had argued that cannabis is a sacred part of its religious practices and sought an exemption from the law.
Anyone convicted of using marijuana in Kenya faces a fine of up to $2,000, a prison sentence of up to 10 years, or both. Drug trafficking attracts even stiffer penalties.
Justice Mwamuye ruled that the petitioners failed to establish sufficient constitutional and legal grounds for the court to exempt them from the provisions of the law.
Reacting to the judgment, the petitioners’ lawyer, Shadrack Wambui, said the ruling would be challenged at the Court of Appeal.
Following the decision, Rastafarians gathered at Nairobi’s Freedom Corner, where they staged a protest by chanting, beating drums and openly smoking marijuana.
One of the protesters, Wanjiru Gakiu, a 60-year-old who said she has practised Rastafarianism for 34 years, expressed disappointment with the ruling, describing Kenya’s drug laws as “satanic.”
“I’m sure if we were seeking to legalise something satanic, we would have been allowed. But when it comes to religion, the country is deaf and doesn’t want us to enjoy our religious rights,” she said.
The ruling was welcomed by some Kenyans, including Jedidah Ng’ang’a, who said she supported the decision on religious grounds.
“As a Christian, I wouldn’t advocate for the use of marijuana in our country,” she said.
