High Court Rejects Rastafarian Cannabis Legalisation Bid in Kenya

Sun Sep 06 2026 05:46:16 GMT+0000 (Coordinated Universal Time)

Kenya’s High Court dismisses a legal petition by a Rastafarian group, halting attempts to allow cannabis use as a religious sacrament.

Kenya’s High Court tossed a six‑year‑old petition lodged by the Rastafarian Society that would have granted a religious exemption for cannabis use. Justice Bahati Mwamuye ruled that the group failed to prove the drug laws infringed on constitutional freedoms and upheld the Narcotic Drugs and Psychotropic Substances Act. The decision underscores the tension between religious liberty and anti‑drug enforcement, while the group signals intent to appeal. It also reminds observers that any religious exemption would need a solid constitutional basis before the court may reconsider the matter.

High Court Rejects Rastafarian Cannabis Legalisation Bid in Kenya

By Wycliffe Muia and Akisa Wandera, Nairobi

Kenya’s High Court has dismissed a petition by the Rastafarian Society of Kenya, which sought to legalise cannabis use for religious purposes. The group argued that the ban on smoking cannabis infringes on constitutional freedom of religion and belief, but the court found that it could not prove the drug laws violated those rights.

Justice Bahati Mwamuye noted that cannabis’ role in Rastafarian worship was not sufficiently vital to warrant an exemption, and that allowing such religious freedom would undermine the enforcement of the Narcotic Drugs and Psychotropic Substances (Control) Act. The act still criminalises possession, cultivation, and use of cannabis, carrying penalties of up to five years’ imprisonment, fines, or longer sentences for trafficking.

While the decision marks a setback for the six‑year legal battle of the Rastafari community, the group’s lawyer, Danstan Omari, pledged to appeal. He emphasised that Kenya should not be the only country penalising Rastafarians and insisted on a legal reversal.

Implications

The ruling highlights the delicate balance between religious practice and drug control. It also fuels ongoing debate about cannabis regulation in Kenya, with proponents arguing that a regulated market could create jobs and generate tax revenue. However, any reform would need to navigate stringent existing penalties, including fines up to $1,900, potential tripling of market value for cultivation, and a maximum of 20 years in prison for cultivation.

Under a long‑held policy, a person convicted of personal-use possession faces up to five years’ imprisonment or a fine of up to $800 (£600). The court’s judgment underscores a broader national conversation about the future of cannabis regulation post‑dec 2026.

For more context, the news is part of a broader discussion on drug legalisation in Africa, including recent legal reforms in South Africa and the economic potential of regulated cannabis cultivation.