The High Court has dismissed a petition by Kenya's Rastafari community seeking to legalise marijuana cultivation and use for religious purposes.
Justice Bahati Mwamuye delivered the ruling on Wednesday July 15 2026. He said the petitioners failed to prove that current laws violate their constitutional rights. They also did not follow the legal procedure to apply for a licence before filing the case.
The judge noted that the issue concerns all Kenyans and requires national dialogue. He stressed that the Rastafari religion is protected by the Constitution but religious rights are not absolute and may be limited to protect public health and safety.
The petition was filed in 2021 challenging the Narcotic Drugs and Psychotropic Substances Control Act. The Attorney General and the National Authority for the Campaign Against Drug Abuse opposed the request. The law remains unchanged and offences related to bhang continue to attract criminal penalties.
