Court Denied Rastafarians the Right to Smoke Marijuana, But Ruled: Old Laws No Longer Work

Last Updated on 22 July 2026

Wednesday, 15 July 2026. The courtroom in Nairobi fell silent. Judge Bahati Mwamuye was reading the verdict that Rastafarians had been waiting for over five years.

He dismissed their petition.

But then he added something that made everyone sit up: Kenya needs a national dialogue on cannabis. Because the old laws no longer work.

While some Kenyans discussed the verdict on social media and on platforms like 888bet app, others had already taken to the streets. At Freedom Corner in Nairobi, Rastafarians gathered. They beat drums, smoked marijuana, and chanted slogans. The court said “no.” But the battle is only beginning.

What the Rastafarians Asked For

In 2021, the Society of Rastafarians of Kenya filed a constitutional petition. Their request was narrow and specific.

They were not demanding general legalisation of cannabis. They asked for only one thing: a religious exemption. The ability for community members to grow and use cannabis in private – during worship, meditation, and community gatherings.

Their argument was simple. Cannabis is a sacred sacrament. It is central to their faith. The ban on its use violates their constitutional rights: freedom of religion, privacy, dignity, equality, and freedom of association.

Lawyer Dunstan Omari, representing the community, explained: “This case raises serious constitutional questions.” And he warned: “The war continues.”

What the Court Said

Judge Mwamuye acknowledged: Rastafarianism is a religion protected under Article 32 of Kenya’s Constitution. That question is no longer up for debate.

But then he delivered the blow.

First, the petitioners failed to prove that cannabis is an essential element of their faith. During cross‑examination, some witnesses admitted that Rastafarians can worship without cannabis. Some followers never use it.

Second, they filed the petition prematurely. The Narcotic Drugs Act provides licensing mechanisms for controlled access to prohibited substances. The Rastafarians had not exhausted these administrative avenues before going to court.

Third, the ban is not discriminatory. It applies equally to all Kenyans, regardless of religion. The restriction is justified by the state’s concern for public health and safety.

“I cannot violate the law by allowing members of the Rastafarian society to bring into court a drug prohibited by law,” the judge said.

The state, the Kenya Law Reform Commission, and NACADA opposed the petition. They warned that a religious exemption would create loopholes for abuse and illicit trafficking. And it would be impossible to control.

The Most Important Part: The Call for Dialogue

But Judge Mwamuye didn’t stop at the dismissal.

He used his ruling to ask Kenya uncomfortable questions.

He noted that cannabis use has become pervasive in Kenyan society. Cannabinoid products are openly sold in shops and supermarkets. Cannabis themes appear in music, on public transport, and in pop culture. Many well‑known Kenyans have publicly admitted to using it.

“This is not a question only for Rastafarians,” the judge said. “This is a national question affecting all segments of our society.”

He called on Kenya to start a “full and candid conversation” about cannabis. To discuss whether it’s worth spending limited police and prosecution resources on people found with small amounts of drugs. When those same resources are needed to investigate robberies, sexual offences, and assaults.

“The current state of affairs appears unsustainable,” the judge declared. “We can no longer address this issue like ostriches burying our heads in the sand.”

At the same time, he emphasised: any policy changes are a matter for parliament and the public, not the judiciary.

While politicians and activists prepare for debates, and Kenyans follow developments through mobile apps like 888bet download, the question remains open: is the country ready for change?

Reaction: Disappointment and Protests

The Rastafarians did not accept the decision silently.

Wanjiru Gakyo, a 60‑year‑old Rastafarian follower of 34 years, called Kenya’s drug laws “satanic.”

“I’m sure if we were seeking to legalise something satanic, they would allow us. But when it comes to religion, the country is deaf,” she told AP.

After the verdict was read, Rastafarians gathered at Freedom Corner in Nairobi. They beat drums and smoked marijuana in protest. Smoke rose over the square. The drums sounded for hours.

Lawyer Omari promised: the decision will be appealed. “We respect the judge’s decision, but we disagree with it,” he said. “We will go through it word for word, paragraph by paragraph, page by page.”

He hopes the Court of Appeal will hear the case faster than the High Court did (the petition waited more than seven years for a decision). And he does not rule out the case reaching the Supreme Court. “Kenya cannot be a barrier country. Kenya cannot be the only country that persecutes Rastafarians,” he declared.

The Global Context

Kenya is not the first country where Rastafarians have fought for the right to smoke cannabis.

Omari reminded the court of precedents in other jurisdictions. In South Africa and other countries, courts have already sided with Rastafarians.

But in Kenya, the story is different. British colonial drug laws remain in force. And the court, while recognising the religious status of Rastafarians, is still unwilling to depart from the letter of the law.

Three Possible Scenarios

What happens next? Experts suggest three possible paths.

While the government, parliament, and the public prepare for dialogue, and Kenyans discuss the future of cannabis on social media and on platforms like 888starz bet app, events could unfold in one of three ways.

First – judicial. Lawyers will appeal the decision. If the Court of Appeal or the Supreme Court sides with the Rastafarians, Kenya will have a precedent. A religious exemption could become a reality.

Second – legislative. Parliament will initiate reform. The judge has given them a signal. If MPs listen, Kenya could get new cannabis regulation – medical, industrial, or even recreational.

Third – social. A national dialogue will begin. Kenyans will debate – on matatus, on social media, in churches, and in bars. And that conversation will shift public opinion. And with it, the laws.

What Supporters of Legalisation Say

Supporters of legalisation are not letting the moment pass. They remind us: regulated cultivation and trade in cannabis could create jobs, generate tax revenue, and support industrial and medical use.

Kenya has already lost billions of shillings to illicit trafficking. Legalisation could bring that shadow market into the light.

At the same time, Rastafarians emphasise: they are not asking for general legalisation. Only the right to worship God as their faith dictates.

Conclusion

Judge Mwamuye has given Kenya a reprieve. He did not lift the ban, but he acknowledged: the old system is cracking at the seams.

Now it’s up to parliament. Up to society. Up to the dialogue that the judge called inevitable.

Cannabis is already here. It’s in shops, in music, on matatus. And the question is no longer whether Kenya will debate its policy. The question is when and how.

The Rastafarians are not leaving. They will beat their drums. Smoke in protest. Go to the Court of Appeal, and then to the Supreme Court.

Their case has lasted more than five years. It won’t end on Wednesday, 15 July.

“We are ready and determined to fight for justice,” said Omari.

“The war continues.”

Question: Do you think Kenya should allow Rastafarians to use cannabis for religious purposes? Or did the court make the right decision in upholding the ban? Let us know in the comments.

FAQ

1. What did the Kenyan court decide in the Rastafarian cannabis case?
The High Court dismissed the petition by the Society of Rastafarians of Kenya, which had sought a religious exemption from drug laws. Judge Bahati Mwamuye ruled that the petitioners had not proven a violation of their constitutional rights and had not exhausted available administrative mechanisms.

2. Why did the court refuse but still call for dialogue?
The judge acknowledged that cannabis use has become pervasive in Kenya and that old laws are increasingly unsustainable. But any changes are a matter for parliament and the public, not the courts. He called on the country to start a “full and candid conversation” about the future of cannabis.

3. Will the Rastafarians appeal the decision?
Yes. Lawyer Dunstan Omari stated that the decision will be appealed to the Court of Appeal. He does not rule out the case reaching the Supreme Court.

4. What exactly did the Rastafarians ask for?
They did not demand general legalisation of cannabis. They asked only for a religious exemption – the ability to grow and use cannabis in private, during worship and in designated places of worship.

5. What are the penalties for smoking marijuana in Kenya?
Fines of up to $2,000 (about 260,000 shillings), imprisonment of up to 10 years, or both. Trafficking carries harsher penalties.

6. What happens next?
Three scenarios are possible: judicial (appeal to higher courts), legislative (reform through parliament), or social (a national dialogue that shifts public opinion and laws).