High Court Rejects Rastafari Society's Bid to Allow Religious Use of Cannabis"Bhang'

The High Court has dismissed a petition by the Rastafari Society of Kenya (RSK) seeking to allow the religious use of cannabis, finding that the group failed to prove the drug is an essential practice of the Rastafari faith.

Delivering the ruling on Wednesday at the Milimani High Court, Justice Bahati Mwamuye dismissed the amended petition filed by the Rastafari Society of Kenya and Wambua Mwendwa, alias Ras Prophet, against the Attorney General and the Kenya Law Reform Commission. 

A court gravel.

The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) participated in the proceedings as an interested party.

The petitioners wanted the court to exempt Rastafarians from prosecution for possessing, cultivating and using cannabis during private worship and at designated places of worship. 

They argued that cannabis, which they describe as the "holy herb", is a sacred sacrament in the Rastafari faith and that the Narcotic Drugs and Psychotropic Substances (Control) Act infringes on their constitutional rights, including freedom of religion, privacy, dignity, equality and freedom of association.

Justice Mwamuye agreed that Rastafari is a religion protected under Article 32 of the Constitution.

However, he found that the petitioners failed to demonstrate that cannabis use is an essential or indispensable practice of the faith.

"The evidence on the centrality of cannabis to the Rastafari faith was also inconsistent and does not demonstrate that its use is an essential element of the religion," the judge ruled.

The court also found that the petitioners moved to the constitutional court without first pursuing the available legal and administrative avenues.

 It further held that any limitation on their rights is justified under Article 24 of the Constitution because the narcotics law serves the legitimate purpose of protecting public health and public safety.

Justice Mwamuye consequently dismissed the petition in its entirety and directed that each party bear its own legal costs.

"We ought to have a full and frank conversation on cannabis and which direction we should take. The status quo appears untenable," Justice Mwamuye 

The court however, emphasized that any changes to Kenya's cannabis laws should come through Parliament through legislative reforms rather than through the courts.