High Court Rejects Rastafarian Bid to Use Bhang in Worship, Calls for National Debate on Cannabis Laws
The High Court has dismissed a constitutional petition seeking to allow members of the Rastafari faith to use cannabis as a religious sacrament, ruling that the petitioners failed to prove that bhang is an essential component of their faith and upholding Kenya’s narcotics laws as constitutional.
In a judgment delivered on Wednesday, Justice Bahati Mwamuye found that the Rastafari Society of Kenya had not demonstrated that the Narcotic Drugs and Psychotropic Substances (Control) Act violates its constitutional rights. He further held that the society had failed to exhaust the legal and administrative mechanisms available under the law before moving to court.
The petition had been filed by the Rastafari Society of Kenya alongside its spokesperson, Mwendwa Wambua alias Ras Prophet, seeking a limited exemption to allow the possession, cultivation and use of cannabis during private worship and in designated places of worship. The society maintained that cannabis, which it refers to as the “holy herb”, is a sacred sacrament that enables believers to attain spiritual enlightenment and commune with Jah.
However, Justice Mwamuye found that the evidence presented by the petitioners fell short of the constitutional threshold, noting that their own witnesses gave conflicting testimony on whether cannabis is indispensable to the Rastafari faith.
“The evidence on the centrality of cannabis to the Rastafari faith was also inconsistent and does not demonstrate that its use is an essential element of the religion,” the judge ruled.
The court also held that even if the petitioners’ rights had been limited by the law, such limitation was justified under Article 24 of the Constitution because the legislation serves the legitimate purpose of safeguarding public health and safety.
“The limitation of the Petitioners’ rights, if any, is reasonable and justifiable under Article 24 of the Constitution,” Justice Mwamuye held.
While dismissing the petition, the judge made far-reaching observations on Kenya’s cannabis policy, saying the issue has outgrown the Rastafarian community and deserves a candid national conversation.
“It is beyond dispute that use of cannabis in this country has become ubiquitous,” he observed, adding that products containing cannabinoids are now openly sold in mainstream shops and supermarkets while public attitudes towards cannabis have significantly changed.
In one of the most memorable moments of the judgment, Justice Mwamuye cited reggae icon Peter Tosh’s 1976 anthem Legalize It, quoting lyrics that reference singers, doctors, nurses, judges and lawyers using cannabis.
“Singers smoke it; and players of instruments too… Doctors smoke it; nurses smoke it; judges smoke it; even lawyers too.”
The quotation, he explained, illustrated the growing cultural acceptance of cannabis around the world rather than an endorsement of its legalization.
He stressed that the question before the country extends beyond religion.
“It is not a question for the Rastafarian Community only; it is a national question that cuts across the entire spectrum of our society,” the judge said.
Justice Mwamuye said Kenya should openly discuss whether scarce law enforcement and prosecutorial resources should continue being directed at small-scale cannabis possession while serious crimes such as robbery, sexual offences and violent crime demand greater attention.
“We ought to have a full and frank conversation on cannabis and which direction we should take. The status quo appears untenable,” he concluded.
Moments after the judgment, the Rastafarian Society announced that it would challenge the decision before the Court of Appeal.
Lead counsel Danstan Omari said the legal team respected the court’s decision but fundamentally disagreed with it.
“We respect the judgment of the High Court, but we strongly disagree with it. We shall be filing an appeal before the Court of Appeal and, if necessary, proceed to the Supreme Court because this matter raises fundamental constitutional and human rights questions,” Omari said.
He argued that Kenya should not lag behind other jurisdictions that have recognised the religious rights of Rastafarians and adopted more progressive approaches to cannabis regulation.
His co-counsel, Shadrack Wambui, described the ruling as a major setback for the Rastafarian community, saying members would continue to face stigma and arrests despite pursuing constitutional protection for more than six years.
“We had hoped the court would affirm the rights of Rastafarians to freedom of religion, association and privacy. Instead, today’s decision leaves our members exposed to continued stigma, arbitrary arrests and violations of their constitutional rights,” Wambui said.
He maintained that the impugned provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act unjustifiably interfere with the religious practices of Rastafarians and vowed to continue the fight through the appellate courts.
