Kenya High Court Rejects Rastafari Petition to Legalize Cannabis for Religious Use

Kenya High Court Rejects Rastafari Petition to Legalize Cannabis for Religious Use

Nairobi, Kenya (Running Africa) — The High Court of Kenya has dismissed a petition by the Rastafari Society of Kenya seeking the right to grow, possess and use cannabis for religious worship, ruling that the country’s existing cannabis laws do not violate constitutional protections on freedom of religion.

In a judgment delivered on Tuesday, Justice Bahati Mwamuye found that the society had failed to demonstrate that Kenya’s prohibition on cannabis infringes on the constitutional rights to freedom of religion and belief.

The court also ruled that there was insufficient evidence to establish that cannabis use is an essential or mandatory practice within the Rastafari faith under Kenyan law.

Government Defends Cannabis Ban

The Kenyan government opposed the petition, arguing that granting a religious exemption for cannabis use could undermine national anti-drug laws and create loopholes that criminal networks could exploit for illegal cultivation and trafficking.

Justice Mwamuye upheld the constitutionality of Kenya’s current cannabis legislation, leaving existing restrictions on the drug unchanged.

Under Kenyan law, the cultivation, possession and use of cannabis remain criminal offences punishable by fines and prison sentences.

Court Calls for National Cannabis Policy Debate

Although the petition was dismissed, the judge encouraged a broader national discussion on Kenya’s cannabis policy, particularly regarding the plant’s industrial, medicinal and pharmaceutical potential.

The remarks come as several countries continue to review cannabis legislation in response to growing economic opportunities and evolving public policy debates.

Rastafari Society to Appeal

The Rastafari Society of Kenya has vowed to appeal the ruling, describing the decision as a setback for religious freedom, constitutional rights and the dignity of Rastafarian worshippers.

The case adds Kenya to a wider continental conversation on cannabis reform.

In 2021, Morocco became one of the first African countries to legalize cannabis for medical, pharmaceutical and industrial purposes, while maintaining a ban on recreational use.

As debates over cannabis regulation continue across Africa, Kenya’s latest ruling highlights the legal and constitutional challenges surrounding religious exemptions, public health and drug control policies.

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