Kenyan Court Rejects Rastafarian Bid to Use Cannabis in Worship
A Kenyan High Court has dismissed a petition by the Rastafari Society of Kenya seeking permission to use cannabis as part of its religious worship, ruling that the country’s drug laws do not violate the constitutional right to freedom of religion.
Justice Bahati Mwamuye, who delivered the judgment, said the petitioners failed to demonstrate that Kenya’s prohibition of cannabis infringes on their religious freedoms.
The ruling brings to an end a six-year legal battle by the group to secure a religious exemption.
The Rastafari Society had asked the court to allow its members to cultivate, possess and use cannabis in private homes and designated places of worship, arguing that the substance is regarded as a sacred sacrament in the Rastafarian faith.
The group maintained that it was seeking only a limited exemption for religious purposes, not the full legalisation of cannabis.
The Kenyan government opposed the application, contending that granting such an exemption could undermine the enforcement of anti-drug laws and create opportunities for the illegal trafficking of cannabis.
In his decision, Justice Mwamuye held that the evidence presented did not establish cannabis use as an indispensable religious practice requiring constitutional protection.
He therefore upheld the country’s laws prohibiting the cultivation, possession and use of the drug.
Although the petition was dismissed, the judge noted that the conversation around cannabis policy should not be confined to the courtroom. He said the issue warrants broader national debate because of its social and legal implications.
Under Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act, possession of cannabis remains a criminal offence punishable by imprisonment, fines or both, while cultivation attracts even stiffer penalties.
Reacting to the judgment, the society’s lawyer, Danstan Omari, said the ruling would be appealed, insisting the group remains determined to secure legal recognition of cannabis use for religious purposes.
The decision comes several years after another High Court ruling recognised Rastafarianism as a protected religion in Kenya and held that expelling a student from school because of her dreadlocks violated her constitutional rights.
Despite that recognition, the court has now affirmed that the country’s ban on cannabis remains enforceable against all citizens, including members of the Rastafarian faith.
