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Kenyan court dismisses Rastafari case seeking to legalise cannabis

But judge says the country needs to hold a national debate on its drug policy

2 min read
A Rastafarian smokes as they gather outside Milimani Law Courts, after the high court dismisses Rastafarian case seeking to legalize marijuana, in Nairobi on July 15 2026. Picture:
A Rastafarian smokes as they gather outside Milimani Law Courts, after the high court dismisses Rastafarian case seeking to legalize marijuana, in Nairobi on July 15 2026. Picture: Picture: Andrew Kasuku

Kenya’s high court has dismissed a petition by Rastafarians seeking to legalise the use of cannabis for religious purposes.

Justice Bahati Mwamuye, in his ruling on Wednesday, said that Kenya’s laws prohibiting the cultivation and use of cannabis do not violate Rastafarians’ right to freedom of religion. Granting the community an exemption would require a sound constitutional and legal foundation, he added.

However, Mwamuye said Kenya should hold a national debate on its drug policy.

“This is not just a question for the Rastafari community but one that cuts across society,” he said.

Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the cultivation, possession and use of cannabis. Rastafarians had petitioned the court to exempt them from the law, arguing that the herb is central to their religious practices.

Smoking cannabis is punishable by a fine of up to $2,000, imprisonment for up to 10 years, or both. Drug trafficking carries stiffer penalties, including higher fines and longer prison terms.

I’m sure if we were seeking to legalise something satanic, we would have been allowed.
Rastafarian Wanjiru Gakiu

In his ruling, Mwamuye said the petitioners had failed to establish the constitutional and legal basis necessary for the court to exempt them from the provisions of the drugs act.

The petitioners’ lawyer, Shadrack Wambui, said they would appeal the decision in the court of appeal.

Following the ruling, Rastafarians gathered at Nairobi’s Freedom Corner, where they chanted, beat drums and smoked marijuana in protest.

Wanjiru Gakiu, 60, who has practised Rastafarianism for 34 years, said she was “disappointed” by the ruling and described Kenya’s drug laws as “satanic”.

“I’m sure if we were seeking to legalise something satanic, we would have been allowed. But when it comes to religion, the country is deaf and doesn’t want us to enjoy our religious rights,” she said.

Some Kenyans hope cannabis will not be legalised, citing other religions practised in the country.

“I am very happy about it [the judgment] because, as a Christian, I wouldn’t advocate for the use [of cannabis] in our country,” said Nairobi resident Jedidah Ng’ang’a.

Associated Press