Kenya High Court Rejects Rastafarian Petition to Legalize Cannabis

The High Court of Kenya dismissed a petition by the Rastafari Society of Kenya seeking the legalization of cannabis cultivation, possession, and use for religious purposes. Justice Bahati Mwamuye ruled that the petitioners failed to prove that the Narcotic Drugs and Psychotropic Substances (Control) Act violated their constitutional right to freedom of religion, noting that evidence regarding the centrality of cannabis to the faith was inconsistent and insufficient.

The Government of Kenya opposed the bid, arguing that a religious exemption would undermine anti-drug enforcement and create loopholes for illegal trafficking. The ruling concludes a six-year legal battle, following a 2019 precedent where the court recognized Rastafarianism as a protected religion in a separate case concerning dreadlocks.

Despite the dismissal, Justice Mwamuye stated that the current status quo appears untenable and called for a national conversation on cannabis policy. He questioned if state resources are appropriately spent on prosecuting small-scale personal possession while grave crimes like robbery and sexual assault persist, though he clarified his remarks were not a direct call for legalization.

Following the ruling, Rastafarians protested at Nairobi's Freedom Corner by smoking marijuana and beating drums. Lawyer Danstan Omari announced that the community intends to appeal the decision in the Court of Appeal to restore the dignity and respect of Rastafarians in Kenya.