Kenya’s High Court has dismissed a petition by members of the Rastafarian community seeking legal recognition of cannabis as a sacrament, ruling that they failed to show the country’s drug laws violate their constitutional rights.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye said the petitioners had not provided enough evidence to prove that the ban on cannabis substantially interferes with their freedom of religion, conscience and belief.
The case challenged provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act, arguing that Rastafarians should be exempt from criminal penalties for possessing and using cannabis as part of their religious practice.
The judge, however, found that the petitioners had not established a constitutional basis for such an exemption.
“The petitioners did not discharge the burden of demonstrating that the law infringes on their constitutional rights,” Justice Mwamuye ruled.
Even so, the judge acknowledged that the broader debate over cannabis policy deserves public attention.
“We ought to have frank conversations on cannabis and which direction we should take,” Justice Mwamuye said.
The ruling leaves Kenya’s existing drug laws unchanged, meaning the cultivation, possession and use of cannabis remain illegal without any religious exemption.
For members of the Rastafarian community, the decision is a significant setback. They had argued that cannabis forms part of their spiritual practice and urged the court to recognise its sacramental use under constitutional protections for freedom of religion.
The court, however, concluded that recognising such an exemption would require a stronger constitutional and legal foundation than what was presented during the proceedings.
The judgment also reinforces the continued enforcement of Kenya’s anti-drug laws, with Rastafarian followers remaining subject to the same criminal provisions that apply to the wider public.
While the petition has been dismissed, Justice Mwamuye’s remarks suggest that the conversation around cannabis policy may continue beyond the courtroom, particularly as other countries reconsider the medicinal, recreational and religious use of the drug.
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