High Court To Rule On Rastafarian Cannabis Use Petition On July 15
Lifestyle Updated: 08 July 2026 21:50 EAT
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Kenya's High Court is set to deliver its judgment on July 15 in a petition filed by the Rastafari Society of Kenya seeking legal recognition of cannabis use for religious purposes. The petitioners argue that cannabis is a sacred sacrament central to their faith and that criminalising its use violates constitutional rights, including freedom of religion, equality, dignity and privacy.
The case challenges provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, which outlaws the possession, cultivation and use of cannabis in Kenya. The Rastafarian community contends that the law unfairly restricts the practice of their religion by prohibiting a substance they consider essential to worship and spiritual reflection.
The Attorney General, the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) and other state agencies oppose the petition, arguing that Kenya's cannabis laws are designed to protect public health and fulfil the country's international obligations on narcotic drug control. They maintain that granting a religious exemption could weaken enforcement of anti-drug laws.
The constitutional petition has been before the High Court since 2021 and has gone through several hearings before being scheduled for judgment. During the proceedings, the court directed parties to file written submissions and previously cautioned law enforcement agencies against harassing the petitioners while the case was pending.
The Rastafari Society says its members have faced repeated arrests and discrimination because of their religious use of cannabis. It argues that cannabis forms part of Rastafarian worship, meditation and spiritual practice, and should therefore be protected under the Constitution's guarantee of freedom of religion.
The outcome of the case could have far-reaching implications for religious rights and drug policy in Kenya. A ruling in favour of the petitioners could allow a limited religious exemption for Rastafarians, while recreational and unauthorised use of cannabis would remain prohibited under Kenyan law.
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FELIX MAKONA
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