News:2026-07-15/Policy/high-court-dismisses-rastafari-petition-to-exempt-sacramental-cannabis-use-nairobi

15 July 2026

Policy

Kenya · Nairobi · Milimani

High Court dismisses Rastafari petition to exempt sacramental cannabis use, Nairobi

Justice Bahati Mwamuye of the Milimani High Court dismissed a petition by the Rastafarian Society of Kenya challenging the constitutionality of provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act that criminalise the cultivation, possession and use of cannabis. The society had sought an exemption for sacramental use in private homes and designated places of worship rather than general decriminalisation. The judge held that the evidence tendered on the centrality of cannabis to the Rastafari faith was inconsistent, that the petitioners had not shown the impugned provisions violated their constitutional rights and that they had not exhausted available legal and administrative mechanisms before invoking the court's constitutional jurisdiction. Mwamuye ruled that "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". He added that a national conversation was needed outside the courts and legislative houses, noting that the petitioners had shown cannabinoid products being sold openly in shops and supermarkets.

https://peopledaily.digital/news/high-court-dismisses-rastafarian-bhang-legalisation-petition Source

2026-07-15 Policy High Court dismisses Rastafari petition to exempt sacramental cannabis use, Nairobi Justice Bahati Mwamuye of the Milimani High Court dismissed a petition by the Rastafarian Society of Kenya challenging the constitutionality of provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act that criminalise the cultivation, possession and use of cannabis. The society had sought an exemption for sacramental use in private homes and designated places of worship rather than general decriminalisation. The judge held that the evidence tendered on the centrality of cannabis to the Rastafari faith was inconsistent, that the petitioners had not shown the impugned provisions violated their constitutional rights and that they had not exhausted available legal and administrative mechanisms before invoking the court's constitutional jurisdiction. Mwamuye ruled that "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". He added that a national conversation was needed outside the courts and legislative houses, noting that the petitioners had shown cannabinoid products being sold openly in shops and supermarkets. https://peopledaily.digital/news/high-court-dismisses-rastafarian-bhang-legalisation-petition Kenya Nairobi Milimani 1° 17' 24.00" S, 36° 48' 36.00" E