The High Court has dismissed a petition by members of the Rastafarian community in Kenya seeking to legalize cannabis, known locally as bhang, for religious use. The court ruled that the petitioners failed to show that Kenya’s drug laws violate their constitutional rights.
Judge Says Burden of Proof Not Met
In a decision delivered on Wednesday, July 15, Justice Bahati Mwamuye held that the petitioners did not meet the burden of proving that the Narcotic Drugs and Psychotropic Substances (Control) Act infringes on their freedom of religion, conscience, and belief as protected under the Constitution.
Although the court dismissed the petition, the judge said Kenya needs a broader national conversation on cannabis policy.
“We ought to have frank conversations on cannabis and which direction we should take,” Justice Mwamuye observed.
Insufficient Evidence, Court Finds
The court found that the petitioners did not provide enough evidence to show that criminalizing cannabis substantially interferes with Rastafarian religious practice. It also concluded that they failed to demonstrate that the current law is unconstitutional.
Mwamuye further ruled that Kenya’s laws banning the cultivation, possession, and use of cannabis remain valid and enforceable. He said any exception allowing cannabis for religious purposes would need a solid constitutional and legal basis, which the petitioners did not establish.
The decision marks a major setback for the Rastafarian community. The group had asked the court to recognize the sacramental use of cannabis as part of its religious practice and to exempt members from criminal penalties.
As a result, the Narcotic Drugs and Psychotropic Substances (Control) Act remains fully in force, with no religious exemption for cannabis use. Rastafarian members will therefore continue to be subject to Kenya’s existing drug laws.
