Blow to Rastafari Society of Kenya as High Court Upholds Cannabis Ban

The High Court has dismissed a petition seeking religious exemption for cannabis use while simultaneously urging the nation to initiate a broader conversation on the country’s approach to the drug.

Justice Bahati Mwamuye ruled against the Rastafari Society of Kenya, which had sought permission to use cannabis as a sacrament in their religious practices. The judge determined that the petitioners failed to prove that the Narcotic Drugs and Psychotropic Substances Control Act infringed on their constitutional rights.

Despite upholding the ban, Justice Mwamuye noted that cannabis has become embedded in Kenyan society, pointing to its open sale in mainstream retail outlets and its frequent references in music, public transportation, and popular culture.

The judge observed that several prominent Kenyans have publicly acknowledged using cannabis, signalling a shift in societal attitudes. He questioned whether law enforcement resources should continue targeting minor cannabis offenses when they could be better utilised combating serious crimes such as robbery, sexual offence’s, and violent assaults.

However, the court emphasised that any policy changes must come from the appropriate legislative institutions rather than the judiciary.

The Rastafari Society had argued that cannabis is a sacred element of their faith and sought a limited exemption for private religious use. The petition was opposed by the Attorney General, the Kenya Law Reform Commission and NACADA, who cited public health concerns and the risk of regulatory loopholes.