Kenya’s High Court has rejected a petition by Rastafarians seeking permission to smoke cannabis as part of religious worship, denying them a religious exemption from the country’s drug laws. The community brought the case in 2021, arguing that the constitutional right to freedom of religion and belief covers their use of marijuana for religious meditation and rituals.
In the ruling, the judge found the group did not demonstrate that cannabis use is a necessary or essential part of its practice. Sources report that witnesses agreed cannabis is used sacramentally, but could not consistently show whether it is essential or only preferred. Because of that, the court ruled the Rastafarians could not bypass Kenya’s drug prohibition.
Kenya’s law makes cannabis possession punishable by up to 10 years in prison and a substantial fine. Even though the decision goes against the community, the judge’s comments included acknowledgement that cannabis use in Kenya is widespread, and that the current legal approach may need review. Rastafarian lawyers and members say they will appeal, and the case also sparks broader debate about the boundaries of religious freedom and what qualifies as a protected religious practice.
