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Kenyan Court Dismisses Rastafari Case Seeking to Legalize Marijuana
Justice Bahati Mwamuye said the petitioners failed to prove a constitutional basis for a religious cannabis exemption, and lawyers plan an appeal.
On Wednesday, the Kenyan High Court dismissed a petition by the Rastafarian Society of Kenya seeking to legalize cannabis for religious worship. Justice Bahati Mwamuye ruled the community failed to prove that drug laws violate their constitutional right to religious freedom.
Rastafarians argued cannabis is a sacred sacrament essential to their faith, seeking a limited exemption for private use, while the state opposed the plea, asserting that an exemption would undermine enforcement of Kenya's Narcotic Drugs and Psychotropic Substances Act.
Justice Mwamuye found evidence regarding cannabis's centrality to the Rastafari faith "inconsistent and insufficient." Cultivating cannabis in Kenya currently carries a penalty of up to 20 years in jail or a fine of $1,900.
Following the ruling, Rastafarians gathered at Nairobi's Freedom Corner to protest, while Mwamuye suggested the "status quo appears untenable" and called for "frank conversations on cannabis and which direction we should take."
The Rastafarian Society of Kenya plans to appeal the decision in the Court of Appeal, as the movement grows with dreadlock traditions resonating with Kenya's anti-colonial history, particularly the Mau Mau fighters who resisted British rule.