NAIROBI, Kenya—The High Court has dismissed a constitutional petition by members of Kenya’s Rastafari community seeking an exemption from the country’s cannabis laws for religious worship, ruling that the petitioners failed to demonstrate that cannabis use is an essential requirement of the Rastafari faith.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye rejected the petition filed by the Rastafari Society of Kenya, its spokesperson Mwendwa Wambua, also known as Ras Prophet, and another petitioner.
The petitioners had sought declarations that provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act criminalising the possession, cultivation and use of cannabis were unconstitutional to the extent that they prohibited its sacramental use during private worship and at designated places of worship.
They argued that the restrictions violated their constitutional rights to freedom of religion, privacy, dignity, equality and freedom of association.
However, Justice Mwamuye found that the evidence presented did not establish cannabis as an indispensable element of the Rastafari religion.
“The Petitioners’ own witnesses admitted that the use of cannabis is not mandatory and that some Rastafari do not use it at all. This suggests that cannabis use is a preferred mode of worship, not a requirement of the faith,” the judge ruled.
The court further held that the petition had been brought prematurely because the applicants had failed to exhaust the licensing and exemption mechanisms provided under existing law before seeking constitutional intervention.
“I therefore find and hold that the Petition is premature and the Court lacks jurisdiction to entertain it at this stage,” Justice Mwamuye stated.
The judge also ruled that the Narcotic Drugs and Psychotropic Substances (Control) Act is a law of general application enacted to protect public health and safety rather than target any particular religious group.
“The Act is a law of general application enacted to protect public health and safety. The fact that it incidentally affects the Petitioners’ religious practices does not render it unconstitutional per se,” the judgment states.
The court further held that any limitation on the petitioners’ constitutional rights was justified under Article 24 of the Constitution, citing the State’s responsibility to safeguard public health and evidence presented by the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) regarding the health risks associated with cannabis use.
Justice Mwamuye also observed that the petitioners had not presented a practical and enforceable framework that would permit a religious exemption while preventing abuse or weakening Kenya’s drug control regime.
Although the court dismissed the petition, the judge acknowledged that public attitudes towards cannabis appear to be evolving and suggested the issue warrants wider national discussion beyond the courtroom.
“We ought to have a full and frank conversation on cannabis and which direction we should take. The status quo appears untenable,” he observed.
Justice Mwamuye, however, clarified that his remarks should not be interpreted as an endorsement of cannabis legalisation, but rather as an invitation for policymakers and the public to assess whether existing approaches remain effective in addressing the issue.
The amended petition was dismissed in its entirety, with the court directing that each party bear its own legal costs.
