Kenyan court rules against Rastafarian religious use of cannabis in landmark case

Kenya’s Rastafarian community has lost a long-awaited legal bid to secure the right to use cannabis as part of their religious practice, in what campaigners had hoped would be a landmark ruling on religious freedom in the East African nation.

The case, which had been working its way through the courts for several years, sought to establish that the prohibition of marijuana conflicted with the constitutional guarantees of freedom of religion and conscience. The applicants argued that cannabis, known among Rastafarians as “the holy herb,” plays a central role in their faith and rituals, and that criminalising its use effectively penalises them for practising their religion.

Religious freedom versus drug control

Kenya’s constitution protects the right to freedom of religion under its Bill of Rights, and the country’s 1994 Narcotic Drugs and Psychotropic Substances Act strictly regulates the possession, use and sale of cannabis. The court was asked to weigh these competing provisions, with the Rastafarian petitioners contending that the existing drug laws were being applied in a way that infringed on their constitutional right to worship freely.

While rulings in other jurisdictions have sometimes recognised sacramental exemptions for certain religious groups, the applicants in Kenya faced an uphill battle. The government maintained that public health and drug-control obligations justified the continued prohibition, and argued that no religion in Kenya is legally permitted to engage in activities that violate national law.

A community that keeps faith

Kenya’s Rastafarian community, though relatively small, has long been vocal about what it describes as persistent discrimination and marginalisation. Members have campaigned for years for legal recognition of their faith and for an end to practices such as the trimming of hair at border crossings and detention over the possession of small quantities of cannabis. The community’s leaders say the latest ruling, while disappointing, will not deter them from continuing to press for greater recognition.

Advocates for drug policy reform in East Africa note that several countries on the continent have moved in recent years to soften their stance on cannabis, with some permitting limited medical or industrial use. Kenya, however, has so far maintained a strict prohibition, and the court ruling suggests that, for now, religious exemptions are unlikely to feature in that debate.

Looking ahead

The decision closes a chapter in a case that had drawn attention from human rights groups and religious freedom advocates across the region. Whether the community will pursue further legal avenues or turn to public advocacy remains to be seen, but the ruling underscores the tension between individual religious expression and state drug policy in a country where cannabis use remains a criminal offence.

Source: FRANCE 24 — read the original report.