The High Court has dismissed a constitutional petition by the Rastafari Society of Kenya seeking legal protection to use cannabis (commonly known as bhang or marijuana) as part of their religious worship, dealing a significant blow to the community's long-running campaign for a religious exemption.

In a judgment delivered on Wednesday, July 15, 2026, Justice Bahati Mwamuye held that the petitioners had failed to establish sufficient constitutional and legal grounds to justify exempting Rastafarians from Kenya's anti-drug laws. The judge ruled that the Narcotic Drugs and Psychotropic Substances (Control) Act remains valid and continues to prohibit the cultivation, possession and use of cannabis for all persons, including members of the Rastafarian faith.


Recognition of Rastafarianism

Although the petition seeking a cannabis exemption was unsuccessful, the court acknowledged that Rastafarianism is a religion protected under Kenya's Constitution and that its followers are entitled to the constitutional right to freedom of religion.

However, Justice Mwamuye emphasized that constitutional protection of a religion does not automatically invalidate criminal laws or create exemptions from legislation enacted for public interest. According to the court, the petitioners did not demonstrate that Kenya's prohibition of cannabis unconstitutionally infringes upon their religious rights to an extent that would justify creating a special legal exception.


Petition filed in 2021

The case originated in 2021, when the Rastafari Society of Kenya challenged the constitutionality of Kenya's cannabis laws.

The society argued that cannabis is a sacred sacrament central to Rastafarian worship. Members told the court that smoking cannabis forms part of meditation, prayer and spiritual communion with God ("Jah"), and that criminalising its use interferes with their constitutional rights, including:

  • Freedom of religion.
  • Human dignity.
  • Equality before the law.
  • Privacy.

The petitioners therefore sought a declaration allowing limited religious use of cannabis by practising Rastafarians.


Government's position

The Attorney General and state agencies opposed the petition, arguing that Kenya's cannabis laws exist to safeguard public health and fulfil the country's international obligations on narcotics control.

The government further argued that introducing religious exemptions could make enforcement of anti-drug laws significantly more difficult and undermine national efforts to combat drug abuse and trafficking.


Why the court rejected the petition

Justice Mwamuye found that the evidence presented by the petitioners was insufficient to justify the constitutional relief sought.

According to the judgment:


  • The evidence linking cannabis use to compulsory Rastafarian religious practice was found to be inconsistent.
  • The petitioners failed to prove that the existing provisions of Kenya's drug laws violate constitutional rights in a manner requiring judicial intervention.
  • The court held that creating a religious exemption would require a stronger constitutional and legal foundation than what had been presented.


Call for national debate

Despite dismissing the petition, Justice Mwamuye observed that Kenya should begin a broader national conversation on cannabis policy.

He noted that the issue extends beyond the Rastafarian community and affects society more broadly, suggesting that any change in policy would be more appropriately addressed through public debate and legislative processes rather than judicial exemption.


Planned appeal

Following the ruling, lawyer Shadrack Wambui, representing the Rastafari Society of Kenya, announced that the society intends to appeal the High Court's decision at the Court of Appeal.

After the judgment, Rastafarians gathered at Nairobi's Freedom Corner to protest the ruling, saying it restricts their freedom of worship and expressing disappointment that their religious practices remain criminalised under existing law.


Current legal position

Under Kenya's Narcotic Drugs and Psychotropic Substances (Control) Act, cannabis remains an illegal substance. The law prohibits its cultivation, possession and use, with penalties that can include substantial fines and imprisonment. The High Court's decision leaves those provisions unchanged.