NAIROBI, Kenya Jan 14-The High Court has postponed the hearing of a constitutional petition seeking to lift the ban on cannabis after allowing the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to join the case as an interested party.
Justice Bahati Mwamuye granted NACADA’s application, leading to the cancellation of hearings that had been scheduled for Wednesday and Thursday. The court has now set January 30, 2026, for the hearing, while judgment will be delivered on March 19, 2026.
The petition was filed by members of the Rastafari community, who argue that laws criminalising the private use of cannabis violate their constitutional rights, particularly freedom of religion. They contend that cannabis use is central to their spiritual worship and religious identity.
Through their advocates, the petitioners also accused the police of subjecting Rastafarians to continued harassment, profiling, and intimidation. Lawyer Shadrack Wambui told the court that images of Rastafarians have been circulating on social media platforms, exposing them to targeting by law enforcement officers.
Addressing the court on Wednesday, advocate Danstan Omari said the case is firmly grounded in constitutional protections for religious and cultural expression. He cited Article 32 of the Constitution, which guarantees freedom of conscience, belief, and worship, and argued that the State has no mandate to regulate how a faith conducts its religious practices.
Omari maintained that just as authorities do not interfere with how other religions dress, pray, or observe rituals, Rastafarians should be allowed to practise their faith without fear of arrest or discrimination.
He further argued that denying the community this freedom amounts to religious discrimination, which is prohibited under Article 27 of the Constitution. Any law that contradicts constitutional guarantees, he said, is invalid.
“The Rastafari are part of this country, and the Constitution is clear that no one should interfere with how people worship,” Omari told the court, adding that Rastafarians fall within constitutionally protected minority and marginalised groups.
While opposing NACADA’s application to join the proceedings, Omari claimed the move was intended to delay the case, noting that the petition has been active since 2021 and that the agency had long been aware of its existence.
Despite the objection, the court allowed NACADA to participate and directed that the matter proceed on January 30 and February 4.
Omari welcomed the decision, saying it offered an opportunity to reinforce constitutional protections for all marginalised groups, including religious minorities, women, children, and persons with disabilities.
“Stigmatising people on the basis of religion is dangerous for this country. We must learn to accommodate different expressions of faith,” he said, urging the court to be guided by the Bill of Rights in determining the case.
The petition, filed in 2021, seeks the legalisation of Cannabis sativa commonly known as bhang or marijuana for religious, spiritual, and medicinal use by members of the Rastafari community.
