Kenya’s High Court rejected a petition filed by members of the Rastafarian community requesting an exemption from the country’s cannabis prohibition laws based on religious grounds. Justice Bahati Mwamuye delivered the ruling on Wednesday, determining that existing legislation prohibiting the cultivation and use of marijuana does not infringe upon Rastafarians’ constitutional right to freedom of religion. The judge noted that granting such an exemption would require substantial constitutional and legal justification.
The Rastafarian petitioners had argued that cannabis occupies a central place in their religious observances and sought relief from Kenya’s Narcotic Drugs and Psychotropic Substances Control Act, which criminalizes the possession, cultivation, and use of marijuana. Under current law, individuals found using the substance face penalties including fines up to $2,000, imprisonment up to 10 years, or both. Drug trafficking offenses carry more severe consequences.
In his decision, Justice Mwamuye stated that the petitioners had not successfully demonstrated the constitutional and legal foundation required for the court to grant them exemption from the drug control legislation. Despite upholding the law’s application, the judge suggested Kenya should consider initiating broader national dialogue regarding its drug policy approach.
Following the court’s decision, Rastafarians gathered at a Nairobi public space where they engaged in protests involving drumming and cannabis smoking. Members of the community expressed disappointment with the outcome. The petitioners’ legal representative, Shadrack Wambui, indicated plans to pursue an appeal through the Court of Appeal.
The ruling drew mixed responses from other Kenyans. Some residents cited their own religious beliefs as reason to support the court’s decision to maintain existing drug prohibitions in the country.
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