Judge Bahati Mwamuye ruled in Nairobi that Rastafarians cannot use marijuana on religious grounds, saying the group failed to prove cannabis is essential rather than merely preferred in their practice.
Witnesses agreed cannabis is used as a sacrament, but their conflicting testimony on its necessity undercut the community's claim that Kenya's constitution protects the exemption.
Shadrack Wambui, the community's lawyer, said Rastafarians will appeal the decision, which ends their court push that began in 2021.
Kenya still punishes marijuana possession or use with fines of up to $2,000, prison terms of up to 10 years, or both under narcotics laws rooted in British colonial rule.
Mwamuye nonetheless called the legal status quo "untenable" and urged a wider national debate on cannabis, saying its use has long been widespread across Kenyan society.
As Jamaica legalizes sacramental cannabis, why is Kenya jailing Rastafarians for the same practice?
A judge rejected cannabis for faith. Could this ruling accidentally ignite Kenya's national legalization movement?
Cannabis, Courts, and Culture: The 2026 Kenyan High Court Decision and Its Impact on Rastafarian Rights
Overview
On July 15, 2026, the High Court dismissed the Rastafarian community's petition to legalize cannabis for religious use, affirming that the court must apply current laws. As a result, Kenya's strict penalties for cannabis use and trafficking remain unchanged, with fines and long prison terms still enforced. The ruling highlighted that any change in cannabis policy is up to lawmakers and public debate, not the courts. This decision has intensified national discussions about religious freedom, economic opportunities, and public health, while the Rastafarian community continues to face legal challenges in practicing their faith.