By: Rhoda Bogeta
The High Court has granted the Attorney General additional time to file responses in a petition by the Rastafari Society of Kenya (RSK), which seeks to decriminalize the use of marijuana for religious purposes.
The matter had been scheduled for hearing on Tuesday, but the AG’s office requested a postponement, citing the need for more time to prepare its documents.
However, lawyer Shadrack Wambui, representing the Rastafarian community, opposed the adjournment, arguing that the state had consistently delayed the case.
“You issued clear directions that this matter be heard today. This is a very old case. My clients have travelled from far-flung regions of this country. They seek an audience, not to be victimised,” Wambui told the court.
RSK argues that criminalizing marijuana is unconstitutional, saying it infringes on the rights of Rastafarians who use cannabis as part of their faith and spiritual practice.
One of the Rastafarians who attended court said marijuana plays a central role in their religion, describing it as a substance that enhances spirituality, healing, and deeper connection.
“Rastafari is a religion. We get arrested by police for using cannabis. It works in a spiritual, healing, medicinal and synergy level. It elevates the higher level of spirituality. We should be allowed to use cannabis just like Christians read the Bible,” he said.
He added that Rastafarians are “born, not created,” and described their way of life as one rooted in goodness, unity with nature, and understanding of the divine self.
In its directions, the court agreed to adjourn the matter to January 12, 2026, and upheld March 12, 2026, as the date for delivering judgment.
“We will adjourn until January and maintain March 12, 2026, for judgment,” the court ruled.
The petition was filed in 2021, but the government is yet to submit its responses.
