A legal dispute surrounding the use of cannabis and religious freedom entered a new phase on Wednesday after the national drug control agency joined a court case seeking the legalisation of bhang for Rastafarian worship.
Appearing before Justice Bahati Mwamuye, lawyers for the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) said the agency was a critical stakeholder in the petition challenging Kenya’s strict narcotics law on constitutional grounds.
The court agreed, allowing Nacada to join the case as an interested party. The petitioners—the Rastafarian Society of Kenya and its spokesman, Mwendwa Wambua, also known as Ras Prophet—did not oppose the joinder or participation of the State-backed regulator in the case.
The petition, filed in May 2021, names the Attorney-General and the Kenya Law Reform Commission as respondents.
The petitioners are asking the High Court to declare parts of the Narcotic Drugs and Psychotropic Substances (Control) Act unconstitutional for criminalising the use of cannabis as a religious sacrament.
They argue that the 1994 law discriminates against Rastafarians by denying them the right to manifest their faith.
Their lawyers say cannabis is central to Rastafari worship and spiritual growth, insisting its use is confined to private homes or designated places of worship—including tabernacles and mansions—during prayer, meditation, and reasoning sessions.
In court, lawyer Shadrack Wambui told the judge that Rastafarians continue to face harassment, arrests, and prosecution because of their faith. He said public exposure of his clients during court appearances had made them targets for police.
“Our clients have faced unwarranted searches in their homes and constant intimidation,” Mr Wambui said, urging protective orders to bar image publication and police harassment during the case.
State Counsel Christopher Marwa opposed the request, arguing that no evidence proved harassment and that the orders sought were redundant to the petition’s reliefs.
All parties supported Nacada’s joinder. The agency’s lawyer said it learned of the case this year and sought to participate given its drug-abuse policy mandate.
Justice Mwamuye directed Nacada to file submissions within strict timelines, warning against further adjournments. Hearings are set for January 30 and February 4, 2026, with judgment on March 19 at 2 pm.
The case challenges Section 3 of the Narcotics Act, which petitioners claim violates constitutional rights to equality, dignity, privacy, religion, and association.
They seek either annulment of the law or an exemption for sacramental use, plus a one-year deadline for legislative review.
Rastafarians allege marginalisation, comparing cannabis in their rituals to wine in Christian communion. Under Kenyan law, cannabis offences carry jail terms of up to 20 years.
With Nacada’s involvement, the court faces a pivotal clash between public health policy and religious rights—a ruling that may redefine state limits on policing faith.
