Not so soon: Why court has rejected Rastafarians' bid to legalise bhang

 

Members of Kenya's Rastafarian community are challenging Cannabis Sativa’s prohibition laws in the High Court, arguing that the plant, deemed as a holy sacrament, is allegedly essential to their spiritual worship and meditation. [File, Standard]

The High Court has dismissed a petition filed by members of the Rastafarian community seeking to legalise the use of cannabis (bhang) for religious purposes.

In a judgment delivered on Wednesday, Justice Bahati Mwamuye upheld Kenya's ban on bhang, ruling that the petition lacked merit, that cannabis use was not proved to be an essential element of the Rastafari faith, and that the country's narcotics laws should be upheld.

The Judge held that the petitioners failed to prove that the provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act violated their constitutional rights and that granting the orders sought would undermine Kenya's existing narcotics control laws.

"This court concludes that the petitioners have not discharged the burden of proving that the impugned provisions of the Narcotic Drugs and Psychotropic Substances Control Act violate their constitutional rights," Justice Mwamuye ruled.

The judge further found that the petitioners had not exhausted the available legal and administrative mechanisms before approaching the constitutional court.

"The petitioners have also not exhausted the available legal and administrative mechanisms before invoking the constitutional jurisdiction of this court," he said.

Justice Mwamuye also rejected the argument that cannabis is an essential religious sacrament within the Rastafari faith, saying the evidence presented before the court was inconsistent.

"The evidence of the centrality of cannabis to the Rastafari faith was also inconsistent and does not demonstrate that its use is an essential element of the religion," the judge ruled.

The court further held that any limitation on the petitioners' constitutional rights was justified under Article 24 of the Constitution because the law serves a legitimate public interest.

"The limitation of the petitioners' rights, if any, is reasonable and justifiable under Article 24 of the Constitution, as the impugned provisions serve the legitimate and pressing purpose of ostensibly protecting public health and safety," Justice Mwamuye said.

The court consequently dismissed the petition in its entirety.

"Accordingly, I make the following final orders: The amended petition dated May 24, 2021, is hereby dismissed in its entirety. Each party shall bear their own costs," the judge ordered.

The decision means the prohibition on the possession, use and cultivation of cannabis under Kenya's narcotics laws remains in force.