In Kenya, Rastafarians remain vulnerable to arrest amid legal debates on cannabis
Rastafarians in Kenya remain at risk of arrest over marijuana use, even as the courts consider a case that could change how the law treats cannabis used for religious purposes.
On Wednesday, January 14, the High Court declined to issue temporary orders stopping police from arresting or harassing members of the Rastafari community over the use of cannabis, locally known as bhang. The decision means police can continue enforcing existing drug laws while a long-running constitutional case on the decriminalisation of cannabis for spiritual use proceeds.
Justice Bahati Mwamuye rejected an oral request by Rastafarian representatives who asked the court to protect their members from house searches, arrests and repeated police stop-and-search operations. Instead, the judge directed them to file a formal application supported by evidence showing continued harassment by police across the country.
Rastafarian leaders say increased media attention around the court case has made their members easy targets. Through their lawyer, Shadrack Wambui, they told the court that Rastafarians are often stopped, searched or questioned simply because of their appearance, even when they are not in possession of cannabis.
They argue that such encounters are driven by stereotypes linking their faith to bhang use rather than reasonable suspicion, and that the repeated searches violate their dignity, privacy and freedom of religion.
“We pray that members of the community be allowed to operate without constant searches and stereotyping,” Wambui told the court.
However, the Attorney General opposed the request for interim protection, arguing that the Rastafarians had not provided concrete evidence of harassment or unlawful arrests. The court agreed that formal affidavits and documented cases would be required before any protective orders could be considered.
The petition at the centre of the dispute was first filed in 2021. It seeks legal recognition of the Rastafari faith and a declaration that cannabis use for worship, meditation and spiritual growth should not be criminalised.
Until the case is decided, with a key hearing scheduled for March 19, 2026, Kenya’s existing drug laws remain in force.
This story is written and edited by the Global South World team, you can contact us here.
