Kenyan Court Rejects Rastafarian Bid To Use Cannabis In Worship

Kenya’s High Court has dismissed a petition by the Rastafari Society of Kenya seeking legal permission to grow, possess and use cannabis for religious purposes, ruling that the country’s existing drug laws do not violate constitutional rights to freedom of religion.

The Rastafarian community argued that cannabis is a sacred sacrament central to their faith and requested a limited exemption that would allow followers to use it privately in their homes and designated places of worship without fear of arrest. They stressed they were not seeking the full legalisation of cannabis.

However, the government opposed the application, warning that creating a religious exemption could weaken enforcement of anti-drug laws and create opportunities for illegal cannabis trafficking.

In his ruling, Justice Bahati Mwamuye said the Rastafarian group had failed to provide sufficient evidence that cannabis use is an essential requirement of the religion. He upheld the constitutionality of Kenya’s laws banning the cultivation, possession and use of cannabis, bringing an end to the group’s six-year legal challenge.

While dismissing the case, the judge acknowledged that the issue deserves wider public discussion, saying the future of cannabis policy should be debated nationally rather than decided solely through the courts.

The Rastafari Society has vowed to challenge the ruling. Its lawyer, Danstan Omari, said the group would appeal, insisting Rastafarians deserve equal respect and religious freedom.

Under Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act, possessing cannabis for personal use is punishable by up to five years in prison or a fine, while cultivating the drug carries much harsher penalties, including lengthy jail terms.

The judgment comes seven years after another High Court decision recognised Rastafarianism as a protected religion in Kenya, ruling that expelling a student because of her dreadlocks violated her constitutional rights.