Kenya Denies Rastafarians the Right to Use Cannabis

A High Court of Kenya rejected a petition filed by the country's Rastafari community, which requested an exemption authorizing the religious use of the Cannabis.

While this ruling upholds Kenya’s laws, the judge also called for a national debate on the country’s approach to cannabis, arguing that this issue goes far beyond the scope of any single religious group.

Court Denies Religious Exemption for Cannabis Use

Legal action, originally filed in 2021, argued that the Cannabis plays a central role in worship and meditation Rastafari and that banning its use violates the constitutional right to freedom of religion.

The judge Bahati Mwamuye found that the petitioners had not established a sufficient constitutional and legal basis to justify a derogation from the Law on the Control of Narcotics and Psychotropic Substances, which prohibits the cultivation, possession, and use of cannabis in Kenya.

According to the judge, although the witnesses agreed that cannabis is considered a sacrament within this denomination, they were unable to demonstrate that its use constituted an essential religious obligation.

«While all the witnesses agreed that cannabis is used as a sacrament, they could not agree on whether its use is essential or merely preferred.»

This decision rules that the Rastafarians are subject to the same penalties as any other Kenyan citizen. Under current law, possession or use of cannabis is punishable by fines of up to approximately 2,000 euros, a prison sentence of up to 10 years, or both. Drug trafficking carries significantly harsher penalties.

Judge Calls for a Broader Debate on Cannabis Policy

Although he denied the motion, Judge Mwamuye acknowledged that Kenyan cannabis laws deserved more thorough public scrutiny.

«This isn't just an issue that concerns the Rastafari community, », but an issue that affects society as a whole,« he said, calling for »an in-depth and frank discussion about cannabis and the direction we should take.".

The judge also noted that cannabis use had become widespread throughout the country despite decades of prohibition.

«There is no denying that cannabis use in this country has become ubiquitous, and has likely been so for several decades,» he observed, before quoting the famous reggae anthem by Peter Tosh, Legalize It, including the lyrics: «Judges smoke them, and even lawyers smoke them.».

According to the ruling, the current legal framework may no longer reflect the reality on the ground, even though amending it falls within the jurisdiction of lawmakers rather than the courts.

The Rastas pledge to appeal

The Rastafari community reacted with disappointment and announced that it would challenge the decision before the Court of Appeals. The lawyer Shadrack Wambui, representing the petitioners, confirmed that an appeal would be filed.

In front of the courthouse in Nairobi, community members gathered at the town’s Freedom Corner, where they chanted slogans, played drums, and openly smoked cannabis as a sign of protest. One of the petitioners, Ras Dimo, criticized the decision, calling it an attack on African religious traditions.

«The Rastaman simply wants to burn this sacred plant so that the incense may rise up to the Almighty.»

Another follower, Wanjiru Gakiu, expressed his frustration with this decision.

«I’m sure that if we had tried to legalize something satanic, we would have been allowed to. But when it comes to religion, the country turns a deaf ear and doesn’t want us to enjoy our religious rights.»

Supporters of the ruling also welcomed this outcome. Jedidah Ng’ang’a, a resident of Nairobi, said she opposed any relaxation of cannabis laws because of her Christian beliefs.

«I am very pleased with this ruling because, as a Christian, I would not advocate for the use of marijuana in our country.»

A rapidly growing movement seeking greater recognition

Although the Rastafarian movement originated in Jamaica in the 1930s, it has forged strong historical ties with the’East Africa, particularly through his reverence for the former Ethiopian emperor Haile Selassie and the importance he places on Pan-African identity.

The movement has also become increasingly visible in the Kenya, especially among younger generations. The Rastas claim that existing laws Drug laws are frequently used by the police to target members of their community.

Their legal status has, however, evolved in recent years. In 2019, a Kenyan court ruled that the expulsion of a student for wearing dreadlocks constituted a violation of her religious rights, marking a significant recognition of this faith.