Kenyan court denies Rastafarians the right to use cannabis for religious purposes

A Kenyan court has rejected a petition from Rastafarians seeking permission to use cannabis for religious purposes. Representatives of the community, who incorporate marijuana into their religious practices, have been awaiting a High Court decision for years regarding the use of this plant in line with their constitutional right to freedom of religion.

The court ruled that the community did not demonstrate that current drug legislation infringes upon their right to freedom of religion. The judge stated that the petition was “rejected in full”. He also noted that the widespread recreational use of cannabis in Kenya highlights the excessive severity of existing laws. According to him, “the status quo seems untenable”, and the country requires “open conversations about cannabis and the direction in which we should move”.

Historical connection and legal precedent

A 1994 law imposes penalties for marijuana possession, including up to 10 years in prison and hefty fines. Rastafarians argue that police frequently exploit this law to target them.

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The community has a unique historical connection to Kenya, particularly through the tradition of wearing dreadlocks. This hairstyle was also worn by many members of the Mau Mau movement, who fought for the country’s independence against British colonial rule in the 1950s and 1960s. Legal recognition of the rights of movement representatives was bolstered by a 2019 court ruling, which determined that the expulsion of a schoolgirl due to her dreadlocks violated her right to freedom of religion.

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The exact number of Rastafarians in Kenya is unknown. However, estimates suggest that this movement, which promotes mysticism, Pan-Africanism, and vegetarianism, is gaining traction, particularly among young people.

Source: Africanews