Kenyan court dismisses Rastafari case seeking to legalize marijuana

Kenya’s High Court yesterday dismissed a petition seeking to legalize the use of cannabis by Rastafarians for religious purposes.

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.