High Court dismisses Rastafari Society petition seeking legalisation of cannabis for religious use. Nairobi – A Kenyan High Court on Friday dismissed a lawsuit by the Rastafari Society of Kenya demanding legalisation of cannabis for religious use, holding that the country’s narcotics laws still apply despite arguments on constitutional freedom of religion.
The suit, filed in 2021, argued for a waiver to permit followers of the Rastafarian religion to grow, own and use cannabis for their prayers and meditation.
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According to the petition, marijuana (ganja) is essential for their spiritual practices and therefore should be constitutionally protected as freedom of religion.
Dismissing the case, the High Court stated that Kenya’s prohibition of cannabis is enforceable and granting a religious waiver would contravene the existing framework for narcotic drug control. Cannabis continues to be an illegal substance in Kenya and any use and possession attract criminal penalties.
The Rastafari Society in Kenya was dismayed at the court’s ruling, saying the country still criminalizes an important aspect of their faith, even though the movement is recognized in Kenya.
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The society argues that many Rastafarians continue to face arrests for smoking cannabis during their religious services.
The court’s ruling follows global trends toward the legalisation of cannabis for medical, recreation, and religious purposes.
However, Kenyan officials have continuously stated that cannabis remains an illicit substance for reasons of public health and national security.
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Legal experts say the judgment further cements the Kenyan government’s stern approach to drugs and indicates a continuing clash between freedom of religion rights and drug laws. It remains unclear whether the Rastafari Society will appeal the ruling.
