Blow to the Rastafarian community after the Highcourt dismissed their application seeking to legalize the use of cannabis (bhang) for religious purposes, ruling that they failed to prove that Kenya’s drug laws violate their constitutional rights.

In a landmark judgment delivered on Wednesday, Justice Bahati Mwamuye held that the petitioners did not discharge the burden of proving that the Narcotic Drugs and Psychotropic Substances (Control) Act infringes on their rights to freedom of religion, conscience, and belief as guaranteed under the Constitution.

While dismissing the petition, Justice Mwamuye acknowledged the need for a broader national debate on cannabis policy.

“We ought to have frank conversations on cannabis and which directions we should take,” the judge observed.
The court found that the petitioners failed to present sufficient evidence demonstrating that the criminalization of cannabis substantially interferes with the practice of the Rastafarian faith or that the existing law is unconstitutional.

Justice Mwamuye further ruled that Kenya’s laws prohibiting the cultivation, possession, and use of cannabis remain valid and enforceable. He noted that any exemption permitting the use of cannabis for religious purposes would require a sound constitutional and legal foundation, which the petitioners failed to establish.

The ruling marks a significant setback for the Rastafarian community, whose members had asked the court to recognize the sacramental use of cannabis as an integral part of their religious practice and to exempt them from criminal prosecution.

As a result of the judgment, the Narcotic Drugs and Psychotropic Substances (Control) Act remains fully in force, with no religious exemption for the use of cannabis. Members of the Rastafarian community will therefore continue to be subject to Kenya’s existing drug laws.