Kenya’s High Court has rejected a request by the country’s Rastafarian community to be granted a religious exemption allowing the use of cannabis during worship. In a ruling delivered on July 15, 2026, the court found that the applicants had failed to prove that the country’s ban on cannabis violated their constitutional rights or that the use of the plant was an essential component of the Rastafarian faith. The case had been brought by the Rastafari Society of Kenya, which was seeking a legal exemption for religious use only—not the legalization of cannabis.
Court says legal process was not followed
The High Court ruled that the application was premature, arguing that the Rastafarian community should first have sought authorization through existing legal procedures before challenging the law in court. The judges also concluded that the applicants had not demonstrated that cannabis use was indispensable to the practice of their religion. The decision ends a legal battle that had been before the courts for more than five years.
Lawyers vow to appeal
The ruling was immediately challenged by the applicants’ lawyer, Dunstan Omari, who argued that cannabis is a fundamental element of the Rastafarian faith worldwide. « The Jah Rastafari movement is not unique to Kenya—it is a global religion. Is cannabis central to it? Yes. Kenyan Rastafarians do not practice a different religion from those in South Africa or elsewhere, » Omari said. He added that the group had turned to the Constitutional Court because previous attempts to obtain authorization through existing legal channels had been unsuccessful.
A partial victory despite the setback
Although the Rastafarian community lost its case, the judgment contained an important observation that campaigners see as encouraging. The High Court stated that Kenya can no longer avoid a national debate on cannabis policy. The judge also questioned whether law enforcement resources should continue to focus heavily on prosecuting personal cannabis use instead of tackling more serious forms of crime.
The Rastafari Society of Kenya has described the ruling as a « small victory » despite the legal defeat. The group has already announced plans to appeal the decision before the Court of Appeal, where it hopes a larger panel of judges will overturn the ruling and recognize the right to use cannabis for religious purposes.
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