Kenya’s High Court has dismissed a petition by the Rastafari Society of Kenya seeking to legalise the use of cannabis for religious purposes, ruling that the country’s drug laws do not violate the constitutional right to freedom of religion.
In a landmark judgment, Justice Bahati Mwamuye held that the Rastafarian community had failed to prove that Kenya’s laws banning cannabis infringed on its constitutional rights, although he acknowledged that the issue deserved wider national discussion.
The petitioners had argued that cannabis is a sacred sacrament in the Rastafarian faith and sought permission for followers to cultivate, possess and use it privately during worship without the risk of arrest or prosecution.
The society maintained that it was not seeking the full legalisation of cannabis, but rather a limited exemption allowing its use in private homes and designated places of worship.
In court, the group argued that smoking cannabis forms an essential part of its religious doctrine and should therefore be protected under the Constitution’s guarantee of freedom of religion and belief.
The state opposed the application, arguing that granting a religious exemption would weaken the enforcement of Kenya’s anti-drug laws and could create opportunities for illegal cannabis trafficking.
Justice Mwamuye ruled that the evidence presented by the Rastafarian community was inconsistent and insufficient to establish that cannabis use was an indispensable practice of the religion.
He therefore upheld the constitutionality of the country’s laws prohibiting the cultivation, possession and use of cannabis, bringing the community’s six-year legal challenge to an end.
However, the judge noted that the debate over cannabis should extend beyond the courtroom.
“We ought to have frank conversations on cannabis and which directions we should take,” Justice Mwamuye said.
“This is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society,” he added.
Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act classifies possession of cannabis as a criminal offence.
Under the law, anyone found guilty of possessing cannabis for personal use faces up to five years’ imprisonment or a fine of up to 100,000 Kenyan shillings (about 800 US dollars). Cultivating the drug attracts a fine of up to 250,000 Kenyan shillings or three times the market value of the crop, whichever is higher, and/or a prison sentence of up to 20 years. Tougher penalties apply to trafficking and other drug-related offences.
Lawyer Danstan Omari, who represented the Rastafari Society of Kenya, said the group would challenge the ruling.
“Kenya cannot be the only country that is harassing the Rastafarian people. We are determined to reverse that court ruling and bring back the dignity and respect of the Rastafarians in Kenya,” he said.
The judgment comes seven years after another High Court decision recognised Rastafarianism as a protected religion in Kenya and ruled that the expulsion of a student from school because of her dreadlocks violated her constitutional rights.
Although the exact number of Rastafarians in Kenya is unknown, the movement is believed to be growing, particularly among young people. The tradition of wearing dreadlocks also has historical significance in Kenya, reflecting the style adopted by many Mau Mau freedom fighters during the struggle against British colonial rule in the 1950s.
(BBC News)