Kenya's High Court dismissed a petition on Wednesday, July 15, 2026 [1], seeking legal permission for Rastafarians to use cannabis for religious worship.
The ruling maintains the current legal status of cannabis in Kenya and limits the scope of religious exemptions under the national constitution. It signals a strict judicial approach to balancing individual spiritual practices against public health and safety laws.
Justice Bahati Mwamuye presided over the case at the High Court in Nairobi [2]. The petition was brought by members of the small Rastafarian community who argued that the use of cannabis, also known as bhang, is central to their faith and spiritual connection.
In the judgment, Mwamuye said that the community failed to demonstrate that cannabis is a necessary part of their worship [3]. The judge said that the legal framework prohibiting the drug does not infringe upon the constitutional right to freedom of religion [4].
"Kenya's laws prohibiting the cultivation and use of marijuana do not violate Rastafarians' right to freedom of religion," Mwamuye said [4].
The court emphasized that the state's interest in regulating controlled substances outweighs the request for a religious carve-out. Mwamuye said that granting the community an exemption would require a sound constitutional and legal foundation [4].
Because the court found no constitutional basis for an exemption, the existing drug laws remain fully applicable to all citizens, including those identifying as Rastafarian [3]. The ruling concludes that the prohibition of cannabis does not constitute a breach of the fundamental rights guaranteed to the community [2].
“Kenya's laws prohibiting the cultivation and use of marijuana do not violate Rastafarians' right to freedom of religion.”
This decision reinforces the primacy of Kenya's statutory drug laws over claims of religious necessity. By ruling that cannabis is not an essential component of worship, the court has set a high evidentiary bar for any minority religious group seeking legal exemptions for controlled substances, effectively preventing the creation of a legal loophole based on spiritual practice.
