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Kenya's High Court has rejected a bid by Rastafarians to use cannabis as part of their religious worship, a ruling that ends a years-long legal battle but not the fight, as lawyers say they will appeal. The decision, delivered on 15 July, dismissed a petition filed by the Rastafari Society of Kenya in 2021, which argued that the country's ban on cannabis infringed on their constitutional rights to freedom of religion and belief.

The community had not sought to legalise cannabis outright, but asked for a derogation for religious purposes in private homes and designated places of worship, describing cannabis not as a recreational drug but as a sacred sacrament used to aid meditation and spiritual reflection.

Coverage comparison

Coverage of the ruling varied in focus. Africa News, reporting ahead of the judgment, highlighted the community's hopes and expectations, quoting members on the centrality of cannabis to their faith and the hardships they face under current laws. France 24's English service mentioned the ruling as part of a broader Africa news roundup, noting the loss of a landmark court battle but offering no further detail. RFI's English service provided the most detailed account, reporting the court's reasoning, the community's arguments, and the plans to appeal.

The sources agreed on the core facts: the petition was launched in 2021, the community argued that the ban infringed on their rights, and the High Court rejected the bid. They differed in emphasis, with Africa News focusing on the pre-ruling wait and the community's perspective, while RFI focused on the judgment itself and its implications.

Key claims

  • Kenya's High Court rejected a bid by Rastafarians to use cannabis for religious purposes, as reported by France 24 and RFI.
  • The Rastafari Society of Kenya launched a petition in 2021, arguing that the ban on cannabis use infringed on their rights to freedom of religion and belief, as reported by Africa News and RFI.
  • The community argued that cannabis is a sacred sacrament used to aid meditation and spiritual reflection, as reported by Africa News and RFI.
  • The judge ruled that the community had failed to show cannabis was a necessary part of their practice, a detail reported by RFI.
  • The Rastafarians plan to appeal the verdict, with lawyer Danstan Omari saying they would appeal "by Friday at the latest", as reported by RFI.
  • Possession of cannabis is a criminal offence in Kenya, punishable by up to 10 years in prison and a large fine, as reported by Africa News and RFI.

Perspectives

Rastafari Society of Kenya: The community sees cannabis as essential to their faith and culture. As spokesperson Mwendwa Wambua put it, "Rastafari is our culture and smoking weed or marijuana is a part of our culture. So we have to defend it in the law of court, the court of law." They argue that the ban leads to persecution and imprisonment for peaceful practitioners.

Legal team: Lawyer Duncan Okatch compared cannabis use to Communion in the Catholic faith, arguing for equal respect for Rastafarian practices. Danstan Omari, another lawyer, said the judge had misunderstood the case and confirmed plans to appeal.

The Court: Justice Bahati Mwamuye ruled that the community had failed to show cannabis was a necessary part of their practice, meaning they could not bypass Kenya's drug laws under the Narcotic Drugs and Psychotropic Substances (Control) Act. The petition was "dismissed in its entirety".