Rastafarians File Petition to Legalize Marijuana in Kenya
The Rastafarian community in Kenya has filed a petition seeking to have marijuana legalized.
In the petition filed at Milimani law courts on Monday, they argue that members of the Rastafari faith use cannabis as sacrament to manifest their faith.
The petitioners said Rastafarians use the substance by either smoking, drinking, eating, bathing, and burning of incense for spiritual, medicinal, culinary and ceremonial purposes.
They further submitted that Rastafarians are a marginalized group that is often subjected to intimidation, unwarranted searches, arrests and prosecutions due to their spiritual use of marijuana in their private homes and places of worship, yet the use of herb is grounded in biblical redemption and deliverance.
“It is the petitioner’s contention that the impugned section clearly show differential treatment on the basis of religion and privacy perpetuates the culture, stigma and discrimination against the 1st petitioners’ followers through the continued use of archaic laws that violate the rights of the 1st petitioners’ members,” reads court documents.
Through lawyer Shadrack Wambui and others, the petitioners say the section of law that criminalizes cannabis infringes on the rights of persons who proclaim Rastafari beliefs.
“This therefore makes it criminal for Rastas to assemble in prayer and partake the herb as a sacrament,” they argue.
They want section 3 (1), (2), (a) and (3) (a-d) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 Of 1994 be declared unconstitutional.
The petitioners aver that the section discriminates the Rastafarian community on the basis of religion by criminalizing their spiritual growth and use of cannabis and treating them different from other mainstream religions, hence stripping them of their dignity contrary to Article 27(4), and 28 of the Constitution.
Comments
We already have a…
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We already have a significant drug problem in the streets of Kenyan Cities. Why would we exacerbate this problem by legalization? This is a non starter in my opinion. No to legalization. In the US there has been legalization laws in some states, but the main impetus for them is to fight the horrible incarceration problem in America. In Kenya we do not have an incarceration problem akin to that of the US so this marijuana drug should not be legalized. Let us remember that Legalization is not a panacea by any stretch of the imagination. If the courts legalize, then businesses will start to aggressively advertise this drug. Therefore the consumption rates and addiction rates in society are going to increase. so NO NO NO. I know there are those that talk about pharmaceutical use of the drug. That obviously makes sense but it would entail heavily and strictly regulating the handling of the drug, akin to how other heavily addictive pharmaceutical drugs are regulated. But recreational use is a Non started from a public policy standpoint. In fact the govt should continue to prohibit its use.
@ Kim, you have articulated…
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In reply to We already have a… by Kim (not verified)
@ Kim, you have articulated your reasons very well,and I agree with you.You position that legalizing marijuana would exacerbate the drug problem in Kenya, could you also argue in favor of de-legalizing alcohol? We know how much untold harmful effects alcohol has done and continue to do to our society? My position is that if making sale and production of alcohol is made illegal ,and it saves lives,and improves the welfare of the community,then let us start a campaign to close Kenya Breweries,and other brewers.My two cents.
Why copy every thing west do…
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Why copy every thing west do - just for the sake of Rights - Wrong.
African nations does not even have enough resources to care for mental health cases caused by the streets overdose usage.
Hata Jamaica marijuana ni…
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Hata Jamaica marijuana ni haram na huko ndiko Rastafari walianza ninavyo elema bangi si lazima kwa wafuasi wa Rastafari, lakini kuna wachache wana angazia bangi kama ni lazima kwa wafuasi wa hii dini. Wangejihusisha na mambo ya kuendelza jamii badala ya kufikiria tu bangi
Kim, ur comments makes me…
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Kim, ur comments makes me wanna grab my bong n set it on fire. Let the people smoke u don't like it take ur ass to Church. Even Moses in the Bible u can clearly tell a joint had come his way as he spoke to a burning bush. Another thing alcohol ain't bad, it becomes a problem when u abuse it.
Bad idea...thats for rich…
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Bad idea...thats for rich countries..kenyans tutafuteni job
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