A court in Kenya has dismissed a petition seeking to legalize the use of cannabis by Rastafarians.
Justice Bahati Mwamuye said Kenya’s laws prohibiting the cultivation and use of marijuana do not violate Rastafarians’ right to freedom of religion. Granting the community an exemption would require a sound constitutional and legal foundation, he added.
Mwamuye, however, said Kenya should hold a national debate on its drug policy.
“This is not just a question for the Rastafari community but one that cuts across society,” he said.
Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the cultivation, possession and use of marijuana. Rastafarians had petitioned the court to exempt them from the law, arguing that cannabis is central to their religious practices.
Smoking marijuana is punishable by a fine of up to $2,000, imprisonment for up to 10 years, or both. Drug trafficking carries stiffer penalties, including higher fines and longer prison terms.
In his ruling, Mwamuye said the petitioners had failed to establish the constitutional and legal basis necessary for the court to exempt them from the provisions of the drugs act.
The petitioners’ lawyer, Shadrack Wambui, said they would appeal the decision in the Court of Appeal.
Following the ruling, Rastafarians gathered at Nairobi’s Freedom Corner, where they chanted, beat drums and smoked marijuana in protest.
Wanjiru Gakiu, 60, who has practiced Rastafarianism for 34 years, said she was “disappointed” by the ruling and described Kenya’s drug laws as “satanic.”
“I’m sure if we were seeking to legalize something satanic, we would have been allowed. But when it comes to religion, the country is deaf and doesn’t want us to enjoy our religious rights,” she said.
Some Kenyans hope marijuana will not be legalized citing other religions practiced in the country.
“I am very happy about it (the judgment) because, as a Christian, I wouldn’t advocate for use of marijuana in our country,” said Nairobi resident Jedidah Ng’ang’a.
