Rastafarians File Petition to Legalize Marijuana in Kenya

The Rastafarian community in Kenya has filed a petition seeking to have marijuana legalized.

In the petition filed at Milimani law courts on Monday, they argue that members of the Rastafari faith use cannabis as sacrament to manifest their faith.

The petitioners said Rastafarians use the substance by either smoking, drinking, eating, bathing, and burning of incense for spiritual, medicinal, culinary and ceremonial purposes.

They further submitted that Rastafarians are a marginalized group that is often subjected to intimidation, unwarranted searches, arrests and prosecutions due to their spiritual use of marijuana in their private homes and places of worship, yet the use of herb is grounded in biblical redemption and deliverance.

“It is the petitioner’s contention that the impugned section clearly show differential treatment on the basis of religion and privacy perpetuates the culture, stigma and discrimination against the 1st petitioners’ followers through the continued use of archaic laws that violate the rights of the 1st petitioners’ members,” reads court documents.

Through lawyer Shadrack Wambui and others, the petitioners say the section of law that criminalizes cannabis infringes on the rights of persons who proclaim Rastafari beliefs.

“This therefore makes it criminal for Rastas to assemble in prayer and partake the herb as a sacrament,” they argue.

They want section 3 (1), (2), (a) and (3) (a-d) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 Of 1994 be declared unconstitutional.

The petitioners aver that the section discriminates the Rastafarian community on the basis of religion by criminalizing their spiritual growth and use of cannabis and treating them different from other mainstream religions, hence stripping them of their dignity contrary to Article 27(4), and 28 of the Constitution.