By a Correspondent
Kenya’s High Court has dismissed a bid by the Rastafari Society of Kenya to legalise the use of cannabis for religious purposes, ruling that the country’s drug laws do not violate constitutional guarantees on freedom of religion.
In a landmark judgment, Justice Bahati Mwamuye said the Rastafarian community had failed to prove that Kenya’s prohibition of cannabis infringed on its constitutional rights, bringing to an end a six-year legal battle.
The society had sought a limited exemption allowing its members to cultivate, possess and use cannabis privately during worship in homes and designated places of worship without fear of arrest. It argued that cannabis is a sacred sacrament central to the Rastafari faith and that banning its use amounted to religious discrimination.
However, the Kenyan government opposed the application, arguing that creating a religious exemption would weaken the enforcement of anti-drug laws and could open loopholes for illegal cannabis trafficking.
Justice Mwamuye ruled that the evidence presented by the Rastafarian community was insufficient to establish that cannabis use is an essential practice of the religion. He therefore upheld the constitutionality of Kenya’s laws prohibiting the cultivation, possession and use of cannabis.
Despite dismissing the application, the judge acknowledged that the issue deserved wider public discussion.
“We ought to have frank conversations on cannabis and which directions we should take. This is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society,” Justice Mwamuye said.
Under Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act, possession of cannabis remains a criminal offence. Those convicted of possessing cannabis for personal use face up to five years in prison or a fine of about US$800, while cultivating the drug can attract fines of up to US$1,900 or three times the market value of the crop, and/or imprisonment of up to 20 years. Stiffer penalties apply to drug trafficking and related offences.
Rastafari Society lawyer Danstan Omari said the group would appeal the ruling.
“Kenya cannot be the only country that is harassing the Rastafarian people. We are determined to reverse that court ruling and restore the dignity and respect of Rastafarians in Kenya,” he said.
The judgment comes seven years after the High Court recognised Rastafarianism as a protected religion, ruling that a school’s decision to expel a student because of her dreadlocks violated her constitutional rights.
While the exact number of Rastafarians in Kenya is unknown, the movement is believed to be growing, particularly among young people. Dreadlocks, a defining feature of the faith, also carry historical significance in Kenya, echoing the hairstyle worn by many Mau Mau freedom fighters during the struggle against British colonial rule in the 1950s.
