Kenyan Court Denies Cannabis Legalisation for Religious Use
In a recent decision, Kenya’s High Court dismissed an appeal by the Rastafarian community to legalise the use of cannabis for religious purposes. The group argued that the current ban violates their constitutional rights to religious freedom and belief. However, Justice Bahati Mwamuye ruled that the Rastafarians did not adequately demonstrate that the existing drug laws infringe upon their constitutional rights. Nevertheless, he noted the importance of initiating a broader national discussion on the issue of cannabis.
Advocates for cannabis legalisation in Kenya have long argued that regulated cultivation and trade could offer economic benefits, including job creation, increased tax revenue, and support for industrial and medicinal applications. Despite these arguments, under Kenya's Narcotic Drugs and Psychotropic Substances (Control) Act, cannabis possession remains illegal, with penalties of up to five years imprisonment or fines up to $800 for personal use. Cultivation of cannabis can result in fines of $1,900 or three times the value of the plants, in addition to possible imprisonment of up to 20 years. More severe consequences exist for trafficking and other offences related to drugs.
Rastafarian Appeal and State Opposition
The Rastafari Society of Kenya filed a petition claiming that cannabis is a sacred element of their faith, seeking permission for its cultivation, possession, and use during worship without the risk of arrest. They emphasised that their request was not for widespread legalisation but for a specific exemption for religious purposes, limited to private settings and designated worship areas.
The state countered this plea, arguing that allowing a religious exemption would undermine the enforcement of anti-drug laws and potentially facilitate illegal cannabis trafficking. Justice Mwamuye found that the evidence supporting the centrality of cannabis to the Rastafarian faith was inconsistent and insufficient to establish its necessity as a religious practice. Consequently, he upheld the constitutionality of the drug laws, concluding the Rastafarians’ six-year legal pursuit.
The court's decision highlighted that any religious exemption for cannabis use requires a solid constitutional and legal basis. Justice Mwamuye remarked, "We ought to have frank conversations on cannabis and which directions we should take," adding that it is a national issue affecting all societal sectors, not just the Rastafarian community.
Response and Historical Context
The Rastafarians’ legal representative, Danstan Omari, announced plans to appeal the ruling. He stated, "Kenya cannot be the only country that is harassing the Rastafarian people. We are determined to reverse that [court’s ruling] and bring back the dignity and respect of the Rastafarians in Kenya." This judgment follows a previous High Court decision from seven years ago, which recognised Rastafarianism as a protected religion, ruling that expelling a student for wearing dreadlocks was unconstitutional.
The number of Rastafarians in Kenya remains uncertain, but the movement is reportedly growing, particularly among younger generations. The Rastafarian tradition of wearing dreadlocks also has historical resonance in Kenya, as it aligns with the anti-colonial sentiments symbolised by the Mau Mau fighters who opposed British rule in the 1950s.
Source: Original Article
