Blow to Rastafari Society as Court Rejects Bid to Legalise Marijuana for Religious Use

The High Court has dismissed a petition by the Rastafarian community seeking to legalise the use of cannabis for religious purposes.

In a ruling delivered on Wednesday, July 15, Justice Bahati Mwamuye held that the petitioners failed to prove that the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act violate their constitutional rights.

The court found that the applicants did not provide sufficient legal grounds to justify an exemption allowing cannabis use in religious practices.

The ruling means the existing law prohibiting the possession, use, and cultivation of cannabis in Kenya remains in force.

Judge Calls for National Debate on Cannabis

Although he dismissed the petition, Justice Bahati Mwamuye said Kenya should not avoid having an honest conversation about cannabis and its place in society.

“Ultimately, our nation can no longer address the issue as the proverbial ostrich does, by burying our collective heads in the sand. We ought to have a full and frank conversation on cannabis and which direction we should take. The status quo appears untenable,” the judge said.

However, he ruled that the Rastafarian community had not met the legal threshold required to overturn the law.

“The petitioners have not discharged the burden of proving that the impugned provisions of the Narcotic Drugs and Psychotropic Substances Control Act violate their constitutional rights,” Justice Mwamuye ruled.

He also found that the petitioners had not exhausted available legal and administrative mechanisms before approaching the constitutional court.

According to the judge, the evidence presented on the role of cannabis in the Rastafarian faith was inconsistent and failed to show that its use is an essential element of the religion.

The court further held that any limitation on the petitioners’ rights was reasonable and justifiable under Article 24 of the Constitution because the law serves the legitimate purpose of protecting public health and safety.

Justice Mwamuye dismissed the amended petition in its entirety and directed that each party bear its own legal costs.

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Rastafarian Legal Team Vows to Appeal to Court 

Moments after the ruling, the Rastafarian community’s legal team declared that they would challenge the decision at the Court of Appeal.

The lawyers argued that while the High Court had dismissed the petition, it had also acknowledged that no costs would be awarded against them.

“Hope is not lost. This is just but one of the levels that we were called upon to exhaust,” the legal team said.

They maintained that the High Court was the proper forum to determine whether the challenged provisions are constitutional and disagreed with the judge’s conclusion that they had failed to make their case.

“In the next seven days, we are going to file our Notice of Appeal to indicate our dissatisfaction and our intention to appeal that decision,” the lawyers said.

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The legal team also rejected the court’s finding that cannabis is not central to the Rastafarian faith.

“The use of cannabis means, as far as the Rastaman is concerned, either the eating, the smoking, the drinking, the bathing… it has got so many uses,” they argued.

The lawyers said they were prepared to pursue the matter through the Court of Appeal and, if necessary, the Supreme Court, adding that similar legal battles in countries such as South Africa took years before succeeding.

Supporters Chant ‘No Retreat, No Surrender’

Outside the courtroom, members of the Rastafarian community remained defiant despite the ruling.

Supporters broke into chants of “No retreat, no surrender” and “Tusirudi nyuma”, vowing to continue the fight to have cannabis recognised for religious use.

Some members recalled past legal battles involving Rastafarians as they expressed confidence that the campaign would eventually succeed through the courts.

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Milimani Law Courts
PHOTO/Citizen