Court Declines To Block Rastafarians’ Arrests Over Marijuana Pending Petition
Lifestyle Updated: 14 January 2026 13:43 EAT
Rastafarian smoking 🚬 Marijuana
The High Court in Nairobi has declined to issue orders stopping the arrest of Rastafarians over cannabis possession or use while their constitutional petition challenging narcotics laws is pending. The community argues that marijuana is central to their religious practices and seeks relief from provisions criminalising its use and cultivation.
Justice Bahati Mwamuye directed the petitioners to file a specific application if they want protection from further arrests, harassment, or house searches. Until such an application is filed and heard, law enforcement can continue enforcing existing drug laws.
The Rastafari Society of Kenya contends that current enforcement disproportionately targets their members and violates constitutional rights, including freedom of religion and privacy. They argue that raids and arrests at religious gatherings or private homes undermine their spiritual practices.
The petition, filed several years ago, challenges the Narcotic Drugs and Psychotropic Substances Control Act, which criminalises possession, cultivation, and use of cannabis. The society has sought a declaration that these provisions infringe on their fundamental freedoms.
The Attorney General and the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) have been formally enjoined in the case. They are required to respond to the petition and justify the enforcement of existing laws.
Court records indicate that hearing dates have been set for early 2026, with sessions scheduled in January and a potential judgment expected later in the year. The state has been given additional time to file its response to the legal challenge.
Rastafarian leaders argue that the prohibition of marijuana has led to arrests and harassment, affecting not only religious gatherings but also private homes. They say these actions are unfairly targeting members of their faith.
Legal experts note that the court’s direction does not amount to a broad injunction against arrests. Petitioners must formally apply if they wish to secure protection from law enforcement actions while the matter is pending.
Observers say the case could have wide-reaching implications for Kenya’s drug policy and the recognition of religious rights. A ruling in favour of the Rastafari Society may require reforms to existing narcotics laws.
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FELIX MAKONA
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