The hearing of a case filed by the Rastafari Society of Kenya seeking to overturn the law that criminalizes Cannabis (Marijuana/weed/bhang) has been set for January 2026.
Justice Bahati Mwamuye directed that the case to be heard on 14th and 15th January 2026
The court also heard that the state is yet to respond to the petition.
In addition, the petitioners stated that they will be calling several including experts to support their case.
Through Sheria Mtaani na Shadrack Wambui, the Rastafarians want the High Court to declare the impugned sections of the Narcotic Drugs and Psychotropic Substances Act unconstitutional.
The petitioners also want the court to affirm the right of Rastafari adherents to use, possess and cultivate cannabis for spiritual purposes in private or in designated places of worship as well as compel the State to review and reform laws to ensure equal protection and non-discrimination of religious minorities.
In addition, the petitioners want an order declaring sections 3, 5 and 6 of the Narcotic Drugs and Psychotropic Substances Act unconstitutional.
“These provisions unjustly criminalize religious practices by outlawing the use of cannabis, which Rastafari adherents refer to as the “holy herb” even in private dwellings or designated tabernacles of worship,” the group claims.
According to the court documents, the petitioners argue that the blanket criminalization of cannabis violates the constitutional rights of adherents to practice their religion and live with dignity.
“Our spiritual practices are being unreasonably restricted by provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994,” the group added.
Their lawyer, Shadrack Wambui and Danstan Omari stated that the ritual and sacramental use of cannabis, long central to Rastafari worship and identity, is being treated as a criminal act and that the law’s harsh penalties perpetuate stigma, discrimination and marginalisation.
It is alleged that cannabis is used by Rastafarians in two key ways; meditation, practiced individually through smoking, drinking, eating or burning incense; and reasoning communal worship sessions in tabernacles where members use the herb to connect spiritually with God.
Shadrack Wambui stated that the State has failed to review outdated narcotics laws that impose criminal penalties on Rastafari adherents for practicing elements of their faith, including the private use, preparation, possession or cultivation of cannabis for spiritual purposes.
He noted the 2020 UN Commission on Narcotic Drugs decision to remove cannabis from the list of the most dangerous substances, arguing that Kenya’s law remains “archaic” and out of step with international developments.
Omari said that the penalties imposed under the current law including imprisonment terms of up to 20 years are overly harsh and fail the constitutional test of reasonableness under Article 24.
The lawyer claims that while the Act creates exemptions for medical professionals and other authorized persons handling narcotics, it fails to recognize cannabis use for religious rituals, resulting in discriminatory treatment contrary to Articles 27, 31 and 32 of the Constitution.
The group’s Secretary Brian Mwanza says the Rastafari movement in Kenya, follows globally recognized traditions rooted in African culture and spirituality, with the sacramental use of cannabis forming an integral part of their worship.
Mwanza noted the group’s involvement in community-based environmental work, including collaborations with the late Prof. Wangari Maathai’s Green Belt Movement, as evidence that Rastafari adherents contribute positively to national development.
He describes the case as a fight for religious dignity and equal treatment under the law. The.
The Attorney General and the Kenya Law Reform Commission have been named as respondents in the case.
