Rastas Renew Push for Cannabis Legalisation as High Court Sets 2026 Hearing

The Rastafari Society of Kenya has stepped up its battle for the recognition of faith and legalization of cannabis as the High Court sets crucial hearing dates for the group’s constitutional petition that has been in the making for years.

The Rastafarian community firmly holds that cannabis forms the cornerstone of their spiritual practice. They argue that current Kenyan laws criminalizing cannabis use constitute a direct violation of constitutional rights to freedom of religion, privacy, and equality under the Constitution.

Through their legal representatives, the RSK is urging the High Court to grant them official recognition and suspend sections of drug laws that currently make cannabis possession and use criminal offenses.

Rastafarians Stage Cultural Demonstration Outside Nairobi High Court

Large numbers of members of the Rastafarian Society staged a vivid display of cultural identity outside the courtroom, singing and chanting traditional songs laden with religious meaning. Wearing bright and colorful traditional robes and carrying symbolic calabashes, they called out for respect and an end to discrimination against them.

One representative expressed frustration on behalf of the community fervently: “Marijuana was brought by the Almighty to this land. Now they are saying it’s not good. Tunakula ganja alafu unashikwa! [we use it, then get arrested]. Whoever says it should not be legalised or decriminalised must bring us evidence.”

He challenged what he sees as double standards in Kenya’s drug enforcement: “Hard drugs are bad. Even athletes have been found with drugs, yet nobody arrests them. Why target us?”

The group strongly contends that authorities have systematically marginalized their faith while other religious communities practice their customs freely without facing harassment or social stigma.

“The others; Hindus, njuri njeke, practice their cultures uninterrupted; the constitution provides no discrimination. All they are asking is for the same rights to be extended to them,” their legal team, led by prominent lawyers Shadrack Wambui and Danstan Omari, explained to journalists gathered outside the court premises.

Three Flags Wave as Rastafarians Demand Unity and Recognition

The Rastafarians dramatically entered the High Court with three flags: one being the national flag of Kenya, another one symbolizing Black supremacy, and the last representing unity among African nations.

Their pulsating songs reverberated within the compounds of the court, carrying strong lyrics: “Science and physics come from ancient Africa… let’s come together for Ancient Africa,” driving home their message of cultural recognition and Pan-African unity.

January 2026 Hearing Could Mark Turning Point in Cannabis Decriminalization Case

The High Court has scheduled the landmark hearing for January 12, 2026, setting the stage for what could be a pivotal moment in Kenya’s religious freedom and marijuana policy debates.

“We will adjourn until January and maintain 12th March 2026 for judgment,” the court ruled.

The Rastafarian Society believes the hearing may prove to be a breakout moment after its decades-long struggle for recognition and decriminalization of cannabis for religious purposes-a cause they characterize as both profoundly spiritual and firmly rooted in constitutional law.

The legal battle traces back to 2021, when the society filed a formal application requesting the court to suspend specific sections of the Narcotic Drugs and Psychotropic Substances Control Act. It is these contested provisions that require law enforcement officers to arrest, prosecute, and convict Rastafarians for cultivating and using cannabis in their private homes and specifically designated places of worship.

“The impugned provision is an invasion of Rastas’ privacy right under Article 31(a) and a contravention of Rastas’ freedom to manifest their religion under Article 32 of the Constitution,” the Rastas’ petition reads.

Rastafarian Society Seeks Constitutional Bench to Hear Cannabis Case

The RKS has additionally requested that the court refer their case to the Chief Justice for the appointment of a constitutional bench of judges to hear their petition. The society argues their case raises substantial questions of constitutional law that warrant consideration by multiple judges.

According to official court documents filed in the case, Rastafarians outwardly demonstrate their beliefs and devotion to God through two primary practices: growing rastas or dreadlocks, and participating in sacramental community rituals that incorporate the use of “the holy herb” (bhang) – practices that Kenya’s blanket cannabis prohibition currently criminalizes.

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