High Court Rejects Rastafarian Petition To Legalize Cannabis For Religious Use

The High Court has upheld Kenya’s strict laws criminalizing the possession and use of cannabis, delivering a major blow to members of the Rastafari community who sought to have the substance legalized for religious purposes.

In a judgment delivered on Wednesday, July 15, 2026, Justice Bahati Mwamuye dismissed the petition, ruling that the Rastafarian community failed to present consistent and sufficient evidence to justify overturning the existing laws. While the petitioners argued that using marijuana is an integral sacrament in their worship and should be protected under the constitutional right to freedom of religion, the court maintained that the evidence did not meet the legal threshold required to invalidate the legislation.

Justice Mwamuye emphasized that while the Constitution guarantees freedom of religion and belief, these rights are not absolute. He ruled that such freedoms can be limited when necessary to protect public health, safety, and the broader public interest. As a result, the court declined to declare the Narcotic Drugs and Psychotropic Substances (Control) Act unconstitutional, meaning the cultivation, trafficking, possession, and consumption of bhang remain strictly illegal.

Still Illegal

Under current Kenyan law, those found in possession of cannabis face up to 10 years in prison, a fine, or both, while cultivating the plant without lawful authority carries a harsher penalty of up to 20 years in prison.

Despite dismissing the petition, Justice Mwamuye noted that the regulation of cannabis is a topic that deserves broader public and policy discussion. He pointed out that while the judiciary must enforce the law as it currently stands, any future reforms regarding the decriminalization or legalization of marijuana ultimately lie in the hands of policymakers and the Kenyan public.