Kenya’s High Court rules against Rastafarians seeking permission to smoke cannabis as part of their faith, dismissing their request for a religious exemption from the country’s drug laws. Rastafarians have been pursuing the case since 2021, arguing that the practice is protected under constitutional freedom of religion. The court finds that the community did not demonstrate that marijuana use is necessary for their religious practice, rather than merely preferred. In its ruling, the court notes that while witnesses agree cannabis is used as a sacrament, they do not agree on whether it is essential.
Kenya’s current legal framework makes possession of cannabis punishable by up to 10 years in prison and a substantial fine under a 1994 law. Although the court rejects the exemption request, it also remarks that widespread cannabis use in Kenya suggests the existing law may be excessively harsh. The judge calls for a “full and frank conversation” on cannabis and policy direction.
Rastafarian leaders say the decision affects religious freedom and plan to appeal, with their legal team indicating an intention to challenge the ruling.