The High Court has declined to stop police from arresting Rastafarians over cannabis use, ahead of a constitutional case challenging the criminalisation of marijuana for spiritual purposes. Judgment on the petition is set for March 19, 2026.
Justice Bahati Mwamuye rejected an oral application by Rastafari members seeking protection from harassment, house searches, and arrests. He directed them to submit a formal application with evidence of alleged victimisation.
Lawyer Shadrack Wambui told the court that publicity around the case has made Rastafarians easy targets for police, who frequently stop and search members based on appearance or faith, even when they do not possess cannabis.
“There have been concerns that images have been out in public and, as a result, our clients are easy targets for police officers. We urge the court to issue interim reliefs,” Wambui said.
The petitioners said repeated police searches and arrests infringe on their constitutional right to freedom of religion, conscience, and privacy.
The Rastafari Society emphasised that cannabis, locally known as bhang, is a sacred herb central to worship, meditation, and spiritual growth.
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“We pray that members of the community be allowed to operate without constant searches and stereotyping,” Wambui added, arguing that continued police encounters undermine the community’s dignity.
The Attorney General, represented by Christopher Marwa, opposed the request, saying no evidence had been submitted to support claims of harassment.
The petition, first filed in 2021, seeks recognition of the Rastafari faith and a declaration that sections of the Narcotic Drugs and Psychotropic Substances (Control) Act are unconstitutional to the extent that they criminalise cannabis use in private homes and recognised places of worship.
Justice Mwamuye also allowed the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to join the case. NACADA has been ordered to file its response by January 20, 2026, with the petitioners’ rejoinder due by January 27. The court set new hearing dates for January 30 and February 4.