Skip to main content

Court Sets Date for Rastafari Society’s Ganja Decriminalization Petition

 Rastafarians urge the High court to end decades of stigma and discrimination, insisting that ganja is a sacred herb central to their spiritual identity.

The Rastafari Society of Kenya (RSK) has renewed its push for the decriminalization of "ganja,"arguing that the substance’s prohibition infringes on their constitutional rights, spiritual practices, and minority protections under Article 56 of the Constitution.

Appearing before Justice Bahati Mwamuye of the Milimani High Court, lawyers, community representatives, and Rastafari faithful addressed the media, decrying what they described as decades of stigmatization, victimization, and criminalization of their culture.

The petitioners,including the Rastafari Society of Kenya, Mwendwa Wambua (alias Ras Prophet), the Attorney General as the 1st respondent, and the Kenya Law Reform Commission as the 2nd respondent—accuse the State of perpetuating outdated and discriminatory laws.

Court documents indicate that the petitioners contend sections of narcotics legislation enacted in 1994—long before the 2010 constitutional dispensation—continue to “frustrate, stigmatize, and victimize” members of the Rastafari faith. They argue that these provisions infringe on the free enjoyment of freedom of worship, association, and privacy, contrary to Articles 32, 36, and 31 of the Constitution.

Citing Genesis 1:29 as the spiritual foundation for the sanctity of ganja, the petitioners assert that Rastafari doctrine “irrefutably supports decriminalization,” portraying the herb as non-addictive, benevolent, and healing. They argue that its sacramental use fosters peace, meditation, and communal upliftment, contrary to narratives framing it as harmful.

Rastafarian association together with counsel Shadrack wamboi of the Sheria Mtaani during the press briefing on the November 17,2025./Photo/Reporter

Shadrack Wamboi of Sheria Mtaani, representing the petitioners, said the case seeks to liberate Rastafari practitioners who have suffered prolonged discrimination for their beliefs and sacramental cannabis use.

“We appeared before Justice Bahati Mwamuye seeking an audience so that Rasta can be freed from the shackles of stigmatization and victimization for their beliefs and practices,” Wamboi said.

Wamboi noted that the Rastafari Society of Kenya, registered in 2017, has continuously championed the rights of Rastafarians, yet “outdated laws” continue to criminalize their practices.

“For long, Rasta has been victimized for using marijuana,whether you call it cannabis sativa, kivela, kushum peng’, or dome,” he added. “These laws continue to infringe on our freedom of worship and privacy.”

A young Rastafarian leader also highlighted the ongoing discrimination, stating:

“Despite the republic being in place for over a decade, we still face prejudice for practicing Rastafari and using ganja for spiritual purposes. We urge the court to allow its use in tabernacles, shrines, and private spaces, as the herb does not impair responsible living.”

He added, “There is a lot of misinformation. Cannabis does not make us irresponsible. Some of us are government employees; some run law firms. We are focused, law-abiding people.”

The court confirmed that the matter will proceed on January 14 and 15, 2026, following the adjournment of today’s session.

Comments

Popular posts from this blog

Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search

 Cleanshelf supermarket Ordered to Pay Customer Ksh 500,000 Over Public Bag Search The High Court in Kiambu has found Cleanshelf Supermarket Limited liable for violating the dignity and privacy of a customer after she was subjected to a public bag search inside one of its branches.  In a judgment delivered on October 31, 2025, Justice A. Mshila ruled that the supermarket failed to follow its own internal loss control procedures, resulting in an unlawful and humiliating experience for the customer, Evelyn Kagwiria Anampiu. “The manner in which the search was conducted was improper and amounted to a violation of the Petitioner’s rights to dignity and privacy as enshrined in the Constitution,”stated Justice A. Mahila. The petitioner told the Court that she was stopped and searched in full view of other customers, attracting unnecessary public attention and causing her embarrassment. She argued that the conduct of the supermarket staff infringed on her rights as enshrined under Ar...

Lugari Mp Issues Demand Letters To Bloggers Over Defamation Claims

  Lugari Mp Issues Demand Letters to Bloggers Over Defamation Claims Lugari MP Nabii Nabwera has threatened to take legal action against three bloggers accused of circulating social media posts linking him to the accident involving Munyuki High School principal Simon Isiaho Shange. Through his lawyer, Danstan Omari, the MP has issued demand letters to Simon Asievela, Opunga George, and Amunga Peter requiring them to remove the posts, publicly apologize, and admit liability. The letters also seek KSh20 million in compensation from each blogger for alleged reputational damage. Speaking outside Milimani Law Courts, Omari said the allegations on platforms including Malava Online and Kakamega Post were false and politically motivated. "The statements linking our client to the accident and disappearance of Principal Isiaho are false, damaging, and without any factual basis. We expect the bloggers to remove the posts and apologize, or we will take legal action to protect our client’s rep...

Duo In Custody For Defrauding Woman Sh15.3m at Serena hotel

Duo In Custody For Defrauding Woman Sh15.3m at Serena hotel  Two men will continue being in custody after the court ordered that a pre-bail report be prepared before a ruling is made on their release terms.  The pair is accused of defrauding a woman of USD 116,000 (about Sh 15.36 million) at Serena hotel in Nairobi by pretending they could assist her in a business deal. Jackson Apollo Alwanga and Alvin Odiya Atieno were arraigned before Senior Principal Magistrate Carolyne Nyaguthii at the Milimani Law Courts, where they denied charges of obtaining money by false pretences and conspiracy to defraud, contrary to Sections 313 and 317 of the Penal Code. According to the charge sheet, the two, on April 30, 2025, at Serena Hotel in Nairobi, jointly obtained USD 116,000 amounting to sh15,360,000 from Grace Tutysime by falsely pretending that they were in a position to assist her in a business deal , a fact they knew to be false. Through their lawyer, the accused asked the court for ...