By:Rhoda Bogeta
The High Court has allowed the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to be enjoined as an interested party in a constitutional petition by the Rastafarian Society of Kenya seeking the legalisation of marijuana.
The matter, which was coming up for hearing, was adjourned to allow NACADA to file its submissions after indicating it would oppose the petition.
NACADA told the court that it intends to challenge the application by the Rastafarian society, arguing that marijuana remains classified as a drug under Kenyan law.
Justice Bahati Mwamuye on Wednesday, January 14, 2026, ruled that NACADA be formally enjoined in the proceedings with immediate effect.
“The application is allowed in terms of the enjoinment of NACADA as an interested party in this matter with immediate effect,” the judge directed.
The ruling followed consensus among the parties and the State that NACADA plays a central role in matters relating to drug policy, regulation and public health.
The application to join NACADA was dated January 13, 2026.
State counsel Christopher Marwa told the court that the authority’s participation would assist the court in reaching a well-informed decision, given its statutory mandate on drug control.
“In my assessment, NACADA is a key party in these proceedings. I am in support of the application and not opposed,” Marwa submitted.
The prosecution further urged the court to issue short timelines for the filing of responses, proposing that the matter be heard the following week to avoid unnecessary delays.
Counsel for the petitioners, Shadrack Wambui, also supported the application, saying the enjoinment was within the court’s powers and served the interests of justice.
“We would be pleased to be served with the application. It is in the interest of justice that NACADA be heard,” Wambui said, while noting that the move would affect timelines previously set by the court.
In allowing the application, Justice Mwamuye directed NACADA to file and serve its response by close of business on Tuesday, January 20, 2026.
The petitioners were granted until January 27, 2026, to file a rejoinder, if necessary.
The court set aside the day’s hearing and rescheduled the matter for hearing on January 30, 2026, and February 4, 2026.
Justice Mwamuye reminded the parties that the petition, which was filed in 2021, must be concluded within the first quarter of the year.
He stressed strict compliance with the timelines, noting that submissions will be highlighted on February 24, 2026, and judgment is scheduled for March 19, 2026.
The case was filed by the Rastafarian Society of Kenya, which is challenging sections of the Narcotic Drugs and Psychotropic Substances Control Act that criminalise the cultivation, possession and use of cannabis.
The society argues that cannabis is central to Rastafari religious practice and that its criminalisation violates constitutional rights to freedom of religion, privacy, dignity and equality.
The petition has been pending for several years, with the society seeking recognition of the Rastafari faith and limited decriminalisation of cannabis for religious use.
