A Kenyan High Court judge has dismissed a long-standing petition from the Rastafari Society of Kenya that sought to legalize the cultivation, possession, and use of cannabis for religious purposes. The ruling, delivered by Justice Bahati Mwamuye on Wednesday, July 15, 2026, upheld the constitutionality of the Narcotic Drugs and Psychotropic Substances Control Act, which currently criminalizes the drug.
The court’s decision concludes a legal battle that began nearly six years ago. The Rastafari Society had argued that cannabis serves as a sacred sacrament central to their faith and requested a limited exemption for use in private homes and designated places of worship. They maintained that this was not a call for wholesale legalization but a necessary accommodation for religious doctrine.
Evidence and Judicial Findings
In his ruling, Justice Mwamuye stated that the petitioners failed to demonstrate that cannabis is a central or essential element of the Rastafari faith. While the court acknowledged that witnesses agreed cannabis is used as a sacrament, the judge noted that the evidence was inconsistent regarding whether such use is mandatory or merely a preference.
“The evidence on the centrality of bhang to the Rastafari faith was also inconsistent and does not demonstrate that its use is an essential element of the religion,” Justice Mwamuye stated. Furthermore, the court found that the society had not exhausted available legal and administrative mechanisms before invoking the court’s constitutional jurisdiction.
A Call for National Dialogue
Despite the dismissal, Justice Mwamuye acknowledged that the current legal framework regarding cannabis in Kenya may be outdated. He noted that the use of cannabis is “ubiquitous” in the country and has been for many decades.
In a notable moment during the proceedings, the judge cited lyrics from Peter Tosh’s song “Legalise It”—specifically the line, “judges smoke it, even lawyers do”—to illustrate the commonality of the substance. Justice Mwamuye described the current status quo as “untenable” and suggested that Kenya requires a “full and frank conversation” on the future of its drug laws, noting that this is a “national question that cuts across the entire spectrum of our society.”
Impact on the Rastafarian Community
For the Rastafarian community, the ruling is seen as a significant setback. Counsel for the society, Shadrach Wambui, expressed disappointment, stating that the decision leaves members vulnerable to continued police harassment, potential arrest, and interference with their private lives. Under existing laws, possession of cannabis can be punishable by up to 10 years in prison and substantial fines.
Some members of the community, including petitioner Ras Dimo, described the ruling as a continuation of “colonial laws” that suppress African spirituality. The community maintains a strong cultural and historical identity in Kenya, with a tradition of wearing dreadlocks that dates back to the Mau Mau fighters who resisted British colonial rule in the 1950s and 1960s. The movement has previously seen success in Kenyan courts, notably in a 2019 ruling that protected a student’s right to wear dreadlocks in school.
The Path Ahead
The Rastafari Society of Kenya has vowed to continue its fight through the judiciary. Lawyer Shadrach Wambui confirmed plans to file an appeal at the Court of Appeal, adding that the society is prepared to take the matter to the Supreme Court if necessary.
Key Points of the Case
| Issue | Status/Finding |
|---|---|
| Legal Basis | Petitioners cited constitutional freedom of religion. |
| Court Ruling | Petition dismissed; current drug laws upheld. |
| Centrality Argument | Court found evidence of cannabis as an “essential” religious element inconsistent. |
| Next Steps | The Rastafari Society plans to appeal the decision. |
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