By Benadeta Mwaura - Reporter
Kenya, January 14, 2026 - The High Court in Nairobi has refused to issue orders to stop the arrest of Rastafarians for the use and possession of cannabis (bhang), ruling that police actions are lawful and justified under existing statutes despite religious objections.
The decision reflects ongoing legal and social conflicts over cannabis regulation, cultural freedoms and public order. In the judgment the High Court rejected an application seeking to stop law enforcement officers from arresting and prosecuting Rastafarian individuals who use cannabis as part of their religious and cultural practice. The court held that: The use and possession of cannabis remain prohibited under Kenyan laws, notably the, Narcotic Drugs and Psychotropic Substances Control Act and other public order legislation.
Police have the mandate and legal authority to enforce these provisions regardless of religious justification. Any change to decriminalisation or exemptions must come through Parliamentary amendment or legislative reform, not judicial override. The suit argued that the arrests violate constitutional rights to freedom of religion and cultural expression, but the court said those freedoms do not extend to actions that are clearly prohibited by statute, particularly where public health and safety concerns are cited.
Cannabis (bhang) in Kenya is classified as an illegal narcotic under:
1. The Narcotic Drugs and Psychotropic Substances Control Act, which criminalises possession, use, cultivation, and trafficking without a licence.
2. The Penal Code, which imposes criminal penalties for possession and use of controlled substances.
3. Public health regulations that allow arrests to prevent substance misuse and associated social harms.
Despite repeated calls from civil liberties advocates for reform, including decriminalisation, regulated medical use, or cultural exemptions, Parliament has not enacted broad legislative changes that would alter cannabis’ illegal status.
Any carveouts for religious use would require specific statutory provisions. The application to stop arrests was filed on behalf of members of the Rastafarian faith, a religious and cultural movement with roots in Jamaica and global adherents in Kenya and other African countries, who contend that cannabis is a sacrament essential to their worship and cultural heritage.
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In arguments before the court, the petitioners invoked Article 32 of the Constitution, which guarantees freedom of religion, belief and opinion, and Article 45, which recognises cultural rights.
They said criminalising cannabis use amounted to an infringement of their spiritual and cultural expression. However, the court held that such rights are not absolute and may be limited where the law imposes reasonable restrictions necessary to protect public order, health and safety, in line with constitutional principles.
This reasoning mirrors jurisprudence in other jurisdictions where courts balance religious freedom with public health laws. The case shines a spotlight on Kenya’s ongoing debate over cannabis law reform: Civil liberties groups have argued for decriminalisation or legal reform, citing comparative models such as South Africa and parts of the United States, where courts and legislatures have created space for recreational or cultural use outside criminal sanction.
Public health advocates warn against liberalising cannabis use without strong regulatory frameworks, citing concerns about youth access, addiction and social harm. Law enforcement authorities maintain that maintaining prohibition is necessary to deter trafficking, abuse and organised crime linked to narcotics distribution. Kenyan legislators have periodically introduced private members’ bills and committee reports advocating for controlled use or medicinal licensing, but none have passed into law to date.
In 2023, a Senate committee recommended decriminalisation for personal use, but the initiative stalled in the National Assembly.
Civil liberties groups and Rastafarian community leaders expressed disappointment, saying the judgment underscores the need for legislative change rather than criminal prosecutions. They have signalled plans to pursue law reform advocacy and public education campaigns.
Lawyers for the state welcomed the decision, saying it reaffirms the rule of law and the clear mandate for police to enforce existing statutes, but they acknowledged that policy debates in Parliament and public consultations are ongoing. The case is expected to fuel renewed discussion in civil society and among lawmakers about whether Kenya should revisit its cannabis laws, similar to global trends toward regulated markets for medicinal or adult recreational use.
