Kenyan court dismisses suit seeking legalisation of cannabis for Rastafarians

A Kenyan High Court in Nairobi has struck out a suit seeking the legalisation of cannabis for religious purposes, which was instituted by the Rastafari Society of Kenya.

Justice Bahati Mwamuye dealt the Rastafarians a huge blow in a ruling that said they failed to prove how Kenya’s narcotics drug laws infringed on their right to religion.

The Rastafarians argued that the criminalisation of cannabis violates their right to freely practise their religion given the substance was a sacred sacrament crucial to their faith.

They petitioned the court to allow members to grow and use cannabis during worship without having to worry about arrest and prosecution. They argued that smoking was a part of their religious doctrine and that it was unlawful to be deprived of that right.

Mr Mwamuye disagreed, upholding the provisions of the Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act which he said must not be undermined by the Rastafarians.

He, however, conceded that there ought to be “conversations” about the topic across the society.

“We ought to have frank conversations on cannabis and which directions we should take,” said the justice. “This is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society.”