Kenya’s High Court on Wednesday dismissed a petition seeking to legalise the use of cannabis by Rastafarians for religious purposes, ruling that the country’s ban on marijuana does not violate the constitutional right to freedom of religion.
Justice Bahati Mwamuye held that Kenya’s laws prohibiting the cultivation, possession and use of marijuana remain valid, stating that granting a religious exemption to the Rastafarian community would require a stronger constitutional and legal basis.
The judge, however, urged the country to open a broader national conversation on its drug policy.
“This is not just a question for the Rastafari community but one that cuts across society,” Mwamuye said.
The case was brought by members of the Rastafarian community, who argued that cannabis is an essential part of their religious beliefs and practices and should therefore be exempt from the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act.
The law currently prohibits the cultivation, possession and use of marijuana. Convictions for smoking cannabis attract penalties of up to 10 years’ imprisonment, a fine of up to $2,000, or both, while drug trafficking carries even stiffer punishments.
In dismissing the petition, Justice Mwamuye held that the applicants had failed to establish the constitutional and legal grounds required for the court to create an exemption under the existing law.
Counsel to the petitioners, Shadrack Wambui, said the ruling would be challenged at the Court of Appeal.
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