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The High Court has ruled that cannabis will remain illegal in Kenya after dismissing a petition filed by members of the Rastafarian community. The petitioners had asked the court to allow the use of bhang during religious worship.
Justice Bahati Mwamuye delivered the judgment on Wednesday, July 15. He found that the petitioners failed to present enough evidence to support their constitutional challenge.
The Rastafarian community argued that cannabis plays an important role in its religious beliefs and ceremonies. Members wanted the court to recognise its use as a protected religious practice under the Constitution.
However, the judge ruled that the evidence presented did not justify overturning the current law. He said the petition failed to meet the legal standard required to invalidate an Act of Parliament.
Religious Freedom Has Legal Limits
Justice Mwamuye acknowledged that the Constitution protects freedom of religion, belief and conscience. He, however, explained that the law may limit those rights when necessary to protect public health and the wider public interest.
The court therefore declined to declare Kenya’s cannabis laws unconstitutional. As a result, the existing legal restrictions remain fully in force.
The ruling means Kenyans cannot legally possess, cultivate, distribute or consume cannabis without lawful authority. Authorities will continue enforcing the Narcotic Drugs and Psychotropic Substances (Control) Act.
Anyone convicted of possessing bhang may face a fine, imprisonment of up to 10 years, or both. People who cultivate cannabis illegally also risk up to 20 years in prison, a fine, or both, depending on the circumstances.
Petition Ends Without Legal Changes
The judgment marks a major setback for the Rastafarian community, which had hoped the court would exempt cannabis from criminal laws for religious purposes. The decision leaves Kenya’s legal position on marijuana unchanged.
Unless Parliament amends the law in the future, cannabis-related offences will continue attracting the penalties provided under the current legislation.
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