High Court to Rule on Rastafarian Bid to Use Cannabis for Religious Worship

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Rastafari society in court over criminalisation of bhang
Rastafari society in court over criminalisation of bhang. Photo/Courtesy

NAIROBI, Kenya – Kenya’s Rastafarian community is awaiting a landmark High Court ruling that could determine whether followers of the faith can legally use cannabis as part of their religious practices.

The court is expected to deliver its judgment on July 15 in a petition filed by members of the Rastafari movement, who argue that smoking cannabis—commonly referred to as ganja—is a sacred act of meditation protected under the constitutional right to freedom of religion.

For many Rastafarians, cannabis is more than a recreational substance. It forms an integral part of worship, meditation and spiritual reflection.

The movement, which traces its origins to Jamaica in the 1930s, reveres Ethiopia’s former Emperor Haile Selassie I as a divine figure and promotes Pan-Africanism, anti-colonialism and a natural lifestyle, with many adherents embracing vegetarianism and wearing dreadlocks as symbols of faith.

Despite Kenya formally recognising Rastafarianism as a religion in 2019 through a court ruling that protected a student’s right to wear dreadlocks in school, followers say they continue to face discrimination and frequent harassment from law enforcement.

Current Kenyan law, enacted in 1994, criminalises the possession of cannabis, with offenders facing up to 10 years in prison and hefty fines.

Moses Mudachi Isavwa, popularly known within the movement as Ras Masinde, says Rastafarians are routinely profiled because of their appearance.

“Every time I walk on the street, someone will come and want to intimidate me and say, ‘Hey Rastaman, stop’,” he said.

The 50-year-old says his dreadlocks are a symbol of African identity and resistance, linking them to Kenya’s Mau Mau freedom fighters who also wore the hairstyle during the struggle against British colonial rule.

He argues that many young people have been imprisoned simply for possessing small amounts of cannabis.

“I’m fighting for the black men and women and children who have gone through persecution… simply because they were found with maybe a spliff of ganja,” he said.

Rastafari Society of Kenya spokesperson Mwendwa Wambua, also known as Ras Prophet, said members continue to live under the constant threat of arrest.

“They come to your house and search you. They don’t want you to even have two joints for smoking,” he said.

Wambua believes the movement is steadily growing in Kenya, particularly among young people seeking spiritual identity and African consciousness.

Ahead of the ruling, a group of Rastafarians gathered at their Sabbath meeting in Nairobi’s Kibera settlement, where they sang, prayed and smoked cannabis as part of their religious observance.

The gathering took place at the Haile Selassie Foundation, an organisation that also provides vocational training, including weaving and beadwork, to help young people stay away from crime while learning about the Rastafari faith.

The petition, which has been before the courts since 2021, seeks legal recognition of cannabis use solely for religious purposes rather than recreational consumption.

“We must defend it because smoking weed and marijuana is part of our culture,” Wambua said.

The upcoming decision is expected to test the balance between Kenya’s narcotics laws and constitutional protections guaranteeing freedom of religion, with the ruling likely to have far-reaching implications for religious rights and drug policy in the country.

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