Rastafarians Petition Milimani Court to Legalize Marijuana, Calling It a Sacred Herb for Worship and Spiritual Growth

Nairobi, Kenya – The Rastafari Society of Kenya has filed a landmark petition at the Milimani Law Courts seeking the legalization of cannabis for religious use, arguing that the herb is central to their spiritual identity, worship rituals, and cultural expression.

In their petition, the group says cannabis—commonly referred to within the community as the “holy herb” or “sacrament”—plays a crucial role in meditation, prayer, and communal reasoning sessions. They describe it as an essential element in connecting with their faith and nurturing spiritual growth.

Claims of Religious Discrimination

The society argues that Kenya’s current legal framework, particularly the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 of 1994, violates their constitutional rights by criminalizing a religious practice they hold sacred.
According to the petitioners, Rastafarians routinely face harassment, arrests, and stigma due to their use of the herb in homes, gatherings, and places of worship.

They maintain that cannabis is used in multiple forms—including smoking, drinking, cooking, bathing, and burning as incense—during ceremonies and spiritual observances. These practices, they say, are grounded in long-standing religious traditions and biblical teachings.

What the Petition Seeks

The Rastafari Society, represented by its legal team, is asking the court to declare certain provisions of the Narcotics Act unconstitutional, especially those that criminalize possession and consumption of cannabis.
The petitioners further request orders restraining police from arresting or prosecuting Rastafarians who use the herb privately or during recognized religious rites.

Their filing emphasizes that the Rastafari community in Kenya represents a religious minority that has long been marginalized and often struggles to freely exercise its faith without interference.

Government Pushback

The Attorney General has opposed the petition, arguing that the Rastafarian community has not demonstrated sufficient grounds for special exemption under religious freedoms. The State maintains that cannabis remains a controlled substance and warns that allowing its religious use could pose public health risks and complicate enforcement efforts.

Global and Cultural Context

Rastafarianism, founded in Jamaica and practiced globally, upholds cannabis as a divine plant used to facilitate meditation, spiritual clarity, and communal unity.
In some jurisdictions abroad, courts have recognized limited religious use of cannabis, but Kenya has yet to make such an accommodation in law.

Awaiting Court Determination

The case is now before the Milimani Law Courts, where judges will determine whether the Rastafari Society has established a legitimate claim under Kenya’s constitutional protections for freedom of religion, belief, and cultural practice.
The decision is expected to spark national debate, touching on religious rights, drug policy, and cultural identity in Kenya.

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