Kenya's High Court has dismissed a petition by the Rastafari Society of Kenya seeking a religious exemption to allow the cultivation, possession and use of cannabis as part of worship, ruling that the country's drug laws do not violate constitutional protections for freedom of religion, the BBC reported.
In a landmark judgment, Justice Bahati Mwamuye found that the Rastafarian community had failed to demonstrate that Kenya's prohibition on cannabis infringes its constitutional rights, although he acknowledged that the issue warrants broader national discussion.
The petitioners argued that cannabis is a sacred sacrament in the Rastafari faith and sought a limited exemption that would allow followers to grow, possess and consume the drug in private homes and designated places of worship without fear of prosecution. They stressed that they were not seeking the full legalization of cannabis, but rather legal recognition of its religious use.
The Kenyan government opposed the request, arguing that granting a religious exemption would weaken enforcement of anti-drug legislation and could create loopholes for illicit cannabis trafficking.
Justice Mwamuye ruled that the evidence presented failed to establish that cannabis use constitutes an essential element of the Rastafari faith, describing it as inconsistent and insufficient. He upheld the constitutionality of laws criminalizing the cultivation, possession and use of cannabis, bringing an end to a six-year legal challenge.
At the same time, the judge called for a wider public debate on the issue.
"We ought to have frank conversations on cannabis and which directions we should take," Justice Mwamuye said, adding that the matter "is not a question for the Rastafarian community only. It is a national question that cuts across the entire spectrum of our society."
Under Kenya's Narcotic Drugs and Psychotropic Substances (Control) Act, possession of cannabis for personal use is punishable by up to five years in prison or a fine of up to 100,000 Kenyan shillings (about $800). Cultivating cannabis carries penalties of up to 20 years' imprisonment and substantial fines, while harsher punishments apply to trafficking and other drug-related offenses.
The ruling comes seven years after another High Court decision recognized Rastafarianism as a protected religion in Kenya, finding that a school's expulsion of a student over her dreadlocks violated her constitutional rights.
Although the number of Rastafarians in Kenya is unknown, the movement is believed to be growing, particularly among younger generations. Their tradition of wearing dreadlocks also echoes Kenya's anti-colonial history, as many Mau Mau fighters who resisted British rule in the 1950s adopted the hairstyle as a symbol of resistance.
