Kenya Rastafarians challenge cannabis ban in high court, claim spiritual right


Kenya Rastafarians challenge cannabis ban in high court, claim spiritual right

Members of Kenya’s Rastafarian community are challenging Cannabis Sativa’s prohibition laws in the High Court, arguing that the plant, deemed as a holy sacrament, is allegedly essential to their spiritual worship and meditation.

They argue that banning it violates their constitutional right to freedom of religion.

In testimony, a community member explained that cannabis is used during group “reasoning” sessions and sacred gatherings for meditation.

The community further elaborated that, the usage of the herb also aides them in discussing societal issues and home prayer.

“This plant has so many names. I have used it personally and in our place of worship. It is used among women, men and youth, but children are not allowed,” the witness told the court.

Emphasising, on their strict internal rules, they claim that only adults over 18 with national ID, who have a clear understanding of its spiritual purpose, may be allowed to participate.

“As Rastafarians, you must be above 18 years, have an ID and know what you want to achieve in life,” she stated.

The community apparently operates under its own constitution to guide daily life and protect members’ welfare.

The petitioners, represented by lawyers Shadrack Wambui and Danstan Omari, reiterates that its usage is never recreational but meditative.

“We are spiritual people. We have the holy herb for meditation, not for procreation,” the witness added. There is no fixed quantity, as it varies according to an individual’s need”.

They view cannabis as “a gift from God,” yet, Rastafarians decries alleged severe repercussions, including family isolation, arrests, and court charges that are often escalated to drug trafficking despite personal use.

The lawyers even cited various global cases where there are specific regions that have legalised or regulated the use of cannabis for religious, medicinal or cultural purposes.

Cannabis Sativa, locally referred to as bhang, is illegal in Kenya under the Narcotic Drugs and Psychotropic Substances (Control) Act, 1994, though it may be used and cultivated in different parts of the country, its consumption and possession remains illegal in Kenya, with offenders facing up to eight years (formerly fifteen) of imprisonment.





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