Kenya's High Court has dismissed a Rastafari Society petition seeking constitutional protection for cannabis use in worship, ruling the community failed to meet the legal threshold to strike down the drug law.
Kenya's High Court has dismissed a long-running petition by the Rastafari community seeking constitutional protection for the religious use of cannabis, popularly known as bhang or marijuana, delivering a major setback to a case that has run through the courts since 2021.
In a judgment delivered on Wednesday, July 15, Justice Bahati Mwamuye ruled that the Rastafari Society of Kenya failed to present consistent and sufficient evidence to justify striking down existing drug laws.
According to the judge, the evidence tabled by the petitioners did not meet the legal threshold required to invalidate legislation already in force.
The petition challenged sections of the Narcotic Drugs and Psychotropic Substances (Control) Act, which criminalize the cultivation, possession, and use of cannabis.
The Rastafari community argued that the herb is a sacrament central to their worship, meditation, and spiritual identity, and that criminalizing it violates their constitutional right to freedom of religion, conscience, and belief.
Members had told the court that they face repeated police searches, harassment, and arrests simply because of their faith and appearance.
Justice Mwamuye acknowledged that the Constitution guarantees freedom of religion, belief, and opinion, but noted these rights are not absolute. The judge held that such rights may be limited where necessary to protect public health, safety, and the broader public interest.
On that basis, the court declined to declare the relevant sections of the Act unconstitutional, meaning the possession, cultivation, trafficking, and use of bhang remains illegal under Kenyan law, including for religious purposes.
What Happens Next
The ruling closes this chapter of a case that had drawn national attention over its implications for religious freedom and drug policy. It leaves Rastafarians in Kenya without the legal exemption they had sought, though it remains to be seen whether the Rastafari Society will pursue an appeal.