Kenya’s High Court says no religious exemption for cannabis

The ruling defeats a six‑year battle by the Rastafarian Society of Kenya, which sought to recognise cannabis as a sacrament.

The court, led by Justice Bahati Mwamuye, found that the evidence was insufficient to show that smoking cannabis is an essential part of the faith and that the Narcotic Drugs and Psychotropic Substances (Control) Act still applies in full.

Under the law, possession for personal use can bring up to five years in prison or a fine of $800 (£600). Cultivation can lead to a $1,900 fine or up to 20 years’ jail, and trafficking carries harsher penalties.

Although the decision keeps the ban in place, the judge called for a national conversation on cannabis regulation, noting that the issue crosses beyond the Rastafarian community.

The group’s lawyer, Danstan Omari, said the society will appeal. The case comes a year after the court recognised Rastafarianism as a protected religion, finding that a student’s hair treatment violated her rights.

Despite Kenya’s growing youth movement, the Rastafarian community remains a minority, yet the rejection reflects the country’s cautious stance on drug legalisation.