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RASTAFARIANS CHALLENGE CRIMINALISATION OF BHANG CITING RELIGIOUS FREEDOM

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A case by the Rastafari Society of Kenya (RSK) to legalise the use of cannabis for religious purposes faced another setback as the High Court postponed the case.

The court scheduled the next hearing for January 12, with a judgment date set for March 12, 2026. Lawyer Shadrack Wambui informed the court that the state’s repeated requests for adjournments were causing delay in a matter. “You issued clear directions that this matter be heard today. This is an old case, and my clients have travelled from various parts of the country. They seek an audience, not victimisation,Wambui argued.

The RSK’s petition challenges the Kenya’s drug laws and wants the court to consider suspending sections of the law that criminalise cannabis use. The group says that cannabis is a sacred sacrament to their spiritual rituals.

Outside the courthouse, the delay was met with protest. Dressed in rastafarian regalia, members of the society chanted hymns and carried symbolic calabashes, calling for an end to the discrimination of their faith. Group’s representatives stated “Marijuana was brought by the Almighty to this land. Now they are saying it’s not good. Tunakula nganja alafu unashikwa! [we use it, then get arrested]. Whoever says it should not be legalised must bring us evidence.

The group’s legal team, which also includes lawyer Danstan Omari, argued that while other religious and cultural communities, such as Hindus and the Njuri Ncheke council of elders, practice their customs without interference, the Rastafarians face harassment and stigmatisation. “The constitution provides for non-discrimination. All they are asking is for the same rights to be extended to them,” 

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