A bid by members of the Rastafarian community to have cannabis recognised as part of their religious worship has been rejected by the High Court, leaving Kenya’s laws on marijuana unchanged.
In a judgment delivered on Wednesday, July 15, Justice Bahati Mwamuye ruled that the petitioners did not provide enough evidence to support their request for legal recognition of cannabis use within their faith.
The decision means that the possession, cultivation, use and trafficking of marijuana, commonly known as bhang, remain criminal offences under Kenyan law.
The case had been filed by members of the Rastafarian community who argued that cannabis is an important sacrament in their religion and is used during worship and other spiritual practices.
They asked the court to declare parts of the Narcotic Drugs and Psychotropic Substances (Control) Act unconstitutional, claiming that the law interferes with their freedom of religion.
However, the court found that the evidence presented did not meet the legal requirements needed to overturn an existing law.
Justice Mwamuye stated that those seeking to invalidate legislation must provide clear and convincing proof showing why the law violates constitutional rights.
According to the judge, the petitioners failed to establish sufficient grounds for the court to grant the orders they were seeking. He noted that while the Constitution protects freedom of religion, belief and opinion, those rights are not absolute and can be limited in certain circumstances.
The court further explained that restrictions may be justified when they are aimed at protecting public health, public safety and the broader public interest.
For that reason, the judge declined to declare Kenya’s anti-marijuana laws unconstitutional.
The ruling effectively preserves the current legal framework governing cannabis in the country. Anyone found cultivating, possessing, using or trafficking the substance remains subject to the penalties provided under the law.
For the Rastafarian community, the decision represents a significant setback after years of seeking recognition of cannabis as a religious sacrament.
Community members had argued that the substance forms a central part of their beliefs and spiritual rituals and should therefore enjoy constitutional protection.
The judgment adds to ongoing debates around cannabis laws in Kenya and other countries, where discussions continue over its medical, religious and recreational use.
Despite those debates, the High Court’s decision confirms that Kenya’s position on marijuana remains unchanged for now.
Unless there is a successful appeal or Parliament amends the law in the future, cannabis will continue to be classified as an illegal substance under Kenyan law, regardless of claims that it is used as part of religious practice.
