Justice Bahati Mwamuye has dismissed a petition by the Rastafarian Society of Kenya that sought to decriminalize the use of marijuana (cannabis) on religious grounds.
The petitioners had argued that cannabis forms a central part of Rastafarian worship and that criminalizing its use violated their constitutional rights to freedom of religion, privacy and equality.
In his decision, Justice Mwamuye found that the evidence presented by the Rastafarian community to demonstrate a direct and consistent link between marijuana use and their religious beliefs was insufficient and inconsistent.
The court held that the petitioners had failed to provide convincing proof that exempting Rastafarians from existing narcotics laws was constitutionally justified.
Court Dismisses Marijuana Petition
The case, which had been before the courts since 2021, challenged provisions of the Narcotic Drugs and Psychotropic Substances Control Act that criminalize the possession, cultivation and use of cannabis.
The Rastafarian Society maintained that enforcement of the law unfairly targeted its members and interfered with their spiritual practices.
The State opposed the petition, arguing that cannabis remains an illegal substance under Kenyan law and that public health and safety considerations outweigh claims for a religious exemption.
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Government lawyers also maintained that the petitioners had not presented adequate evidence to support allegations of discrimination or persecution based on their faith.
The ruling means that cannabis remains illegal in Kenya and that Rastafarian adherents do not enjoy a special exemption from the country’s narcotics laws.
Kenya’s Failed Push for Marijuana Legalization
Marijuana, commonly known as bhang, has been illegal in Kenya for decades.
The current legal framework dates back to 1994 when Parliament enacted the Narcotic Drugs and Psychotropic Substances (Control) Act, which criminalized the possession, cultivation, trafficking and use of cannabis.
The law imposed stiff penalties, including imprisonment and hefty fines, making Kenya one of the countries with strict anti-cannabis laws.
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Calls for legalization began gaining traction in recent years as countries across Africa and the rest of the world started allowing the use of cannabis for medical, industrial and commercial purposes.
Advocates argued that legalization could create jobs, increase tax revenue and support research into medicinal cannabis.
Politicians such as former Kibra MP Ken Okoth and Narok Senator Ledama Olekina publicly supported discussions on reforming the law.
The most significant legal challenge came in 2021 when the Rastafarian Society of Kenya filed a constitutional petition seeking to have cannabis decriminalized for religious use.
The group argued that marijuana is a sacred sacrament in Rastafarian worship and that criminalizing its use violated the constitutional right to freedom of religion.
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