The Rastafarian community says the ban on smoking cannabis infringes on their rights to religious freedom. Getty Images
Kenya’s High Court has ruled against an application by the Rastafari Society of Kenya seeking permission to use cannabis as part of its religious practices, affirming that the country’s existing narcotics laws remain valid.
Delivering the decision, Justice Bahati Mwamuye concluded that the petitioners did not provide sufficient legal or factual grounds to show that the prohibition of cannabis infringes on the constitutional right to freedom of religion.
While dismissing the case, the judge acknowledged that the subject of cannabis regulation deserves wider public discussion at the national level.
The Rastafarian group had requested a narrowly defined exemption that would have allowed members to cultivate, possess and consume cannabis exclusively for worship in private residences and approved places of religious assembly.
The society insisted that its request was not aimed at securing nationwide legalisation of the drug but at safeguarding a practice it considers spiritually significant.
Government lawyers opposed the petition, maintaining that granting special treatment to one religious group could weaken enforcement of anti-drug legislation and create opportunities for the unlawful production and distribution of cannabis.
In his ruling, Justice Mwamuye stated that the evidence presented failed to convincingly establish cannabis use as an indispensable element of Rastafarian religious observance.
He further noted that introducing any faith-based exemption would require clear constitutional and legislative backing.
The ruling effectively ends a legal challenge that has been before the courts for six years, although the society has indicated it will challenge the verdict.
Counsel for the group, Danstan Omari, described the judgment as a setback for religious freedom and pledged to pursue the matter in the Court of Appeal.
Kenya continues to enforce strict penalties under the Narcotic Drugs and Psychotropic Substances (Control) Act.
Individuals found with cannabis for personal consumption face imprisonment or financial penalties, while those convicted of cultivating the crop or engaging in trafficking risk significantly harsher punishments.
The latest judgment comes several years after another High Court decision affirmed Rastafarianism as a recognised religion by ruling that a school’s expulsion of a student because of her dreadlocks violated constitutional protections.
Although there are no official figures on the size of Kenya’s Rastafarian population, the faith is believed to be attracting increasing numbers of followers, particularly among younger people.
The movement’s distinctive dreadlocks also carry historical significance in Kenya, recalling the hairstyle adopted by many Mau Mau freedom fighters during the country’s struggle against British colonial rule.
By: Magdalene Agyeiwaa Sarpong