Nairobi Court Hears Rastafari Petition Against Bhang Criminalisation

The High Court has ordered that the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) be joined as an interested party in a petition filed by the Rastafari Society of Kenya challenging the criminalisation of cannabis.

Justice Bahati Mwamuye made the decision on Wednesday, citing Nacada’s statutory mandate in the formulation and implementation of national drug policy. The court allowed the application with immediate effect after both the state and the petitioners agreed that the authority’s participation was necessary.

The petition, filed several years ago, seeks legal recognition of cannabis use within Rastafari religious practice. The Rastafari Society argues that existing provisions of the Narcotic Drugs and Psychotropic Substances Control Act violate constitutional rights, including freedom of religion, privacy, dignity and equality.

Under the current law, the cultivation, possession and consumption of cannabis are criminal offences. The petitioners contend that these restrictions unlawfully interfere with their religious observance, in which cannabis is regarded as a sacred substance.

The case has faced repeated delays since it was first lodged, reflecting the complexity of the legal and policy issues involved. The Rastafari Society has maintained that it is not seeking full legalisation of cannabis, but a limited exemption for religious use.

Nacada’s inclusion places the country’s leading anti-drug agency at the centre of the proceedings. The authority is expected to address public health concerns and the regulatory implications of any exemption to existing drug laws.

The case raises broader constitutional questions about how religious freedoms should be balanced against laws enacted to protect public health. The state has consistently argued that restrictions on cannabis are necessary to prevent abuse and related social harms.