NAIROBI, Kenya – Lawyer Danstan Omari has announced plans to challenge the High Court’s decision dismissing a constitutional petition that sought to allow members of the Rastafari faith to use cannabis as a religious sacrament.
Speaking shortly after the ruling, Omari said his legal team respects the court’s decision but strongly disagrees with its findings and will move to the Court of Appeal after studying the judgment in detail.
“We don’t agree with the decision of the learned judge, but we respect the decision that the judge has given,” Omari said.
The petition, filed by the Rastafari Society of Kenya, sought a limited religious exemption from the Narcotic Drugs and Psychotropic Substances (Control) Act to allow adherents to use cannabis during worship, arguing that the ban infringed on their constitutional and religious freedoms.
Omari said the legal team would conduct a thorough review of the judgment before receiving formal instructions from their clients.
“We’ll go by word by word, paragraph by paragraph, page by page until the last page. Then we will get instructions from our clients, but definitely this matter is heading to the Court of Appeal,” he said.
The advocate argued that the dispute raises weighty constitutional questions that could ultimately require determination by the Supreme Court.
According to Omari, the legal team will also seek the empanelment of a seven-judge bench at the Court of Appeal to hear the matter, citing its constitutional significance.
He further pointed to decisions from jurisdictions such as South Africa, where courts have recognised religious and personal use exemptions involving cannabis, arguing that Kenya should not remain an outlier on the issue.
“Kenya cannot be a barrier country. Kenya cannot be the only country that is harassing the Rastafarian people,” Omari said.
The High Court, however, dismissed the petition after finding that the challenged provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act are constitutional.
The court ruled that the petitioners had failed to demonstrate that the law violated their constitutional rights and held that any limitation of those rights was reasonable and justifiable in safeguarding public health and safety.
While declining to grant the exemption, the court observed that Kenya should begin a broader national conversation on cannabis policy.
However, it maintained that any reforms should be undertaken by Parliament and other relevant institutions rather than through judicial intervention.
Despite the setback, Omari said his legal team remains determined to pursue the matter through the appellate courts.
“We are ready and determined to pursue the ends of justice,” he said.
He noted that the case had remained before the High Court for more than seven years and expressed optimism that the appeal would be concluded more quickly.
“So the war is on. We are not covered by the decision of the judge, but we are determined to reverse that and bring the respect and dignity of the Rastafari movement in the Republic of Kenya,” Omari added.