Justice Mwamuye Quotes Reggae Legend During Decriminalization Petition On Marijuana
The High Court has upheld Kenyan law that criminalizes the possession and use of cannabis, often known as bhang or marijuana, dismissing a plea submitted by members of the Rastafari community.
This follows a petition submitted by the Rastafarian community, who requested the court’s involvement to have the substance recognized as part of their religious practice.
Justice Bahati Mwamuye concluded on Wednesday, July 15, that the petitioners did not submit consistent and substantial evidence to support their plea to legalise the substance.
According to the judge, the petitioners’ evidence did not reach the legal standard required to nullify an existing item of legislation.
Justice Mwamuye noted that while the Constitution guarantees freedom of religion, belief and opinion, those rights are not absolute and may be limited where necessary to protect public health, safety and the broader public interest.
Judge Quotes Reggae Sensation Peter Tosh While Rejecting Bid to Legalize Bhang
Full Video: https://t.co/hXlYUkkPQh pic.twitter.com/IGSi30J3OT— Court Helicopter News (@CourtHelicopter) July 15, 2026
As a result, the judge declined to declare Kenya’s laws criminalising marijuana unconstitutional, meaning the possession, cultivation, trafficking and use of bhang remain illegal under Kenyan law.
The ruling comes as a huge setback for the Rastafarian community, which had sought legal recognition of cannabis as a sacrament used in worship.
The petition had challenged the constitutionality of provisions of the Narcotic Drugs and Psychotropic Substances (Control) Act that criminalise the cultivation, possession and use of cannabis.
The Rastafarian community had argued that the use of marijuana forms an integral part of their religious beliefs and rituals and should therefore be protected under the Constitution.
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With the petition dismissed, the legal framework governing marijuana remains unchanged.
The High Court has refused to legalize marijuana for religious use by dismissing a petition filed by the Rastafari Society of Kenya seeking an exemption to use and cultivate cannabis as a religious sacrament. Justice Bahati Mwamuye held that the petition was premature because the… pic.twitter.com/vTxqbaNsUT— Thuranira (@Thuranira_1) July 15, 2026
The offences relating to bhang continue to attract criminal penalties as provided under the Narcotic Drugs and Psychotropic Substances (Control) Act.
Under Kenyan law, a person found in possession of bhang commits an offence and may face up to 10 years’ imprisonment, a fine, or both, depending on the circumstances and the court’s decision.
On the other hand, growing cannabis without lawful authority is a criminal offence and could attract up to 20 years’ imprisonment, a fine, or both.
Despite dismissing the judgment, Justice Mwamuye observed that the issue of cannabis regulation deserves broader public discussion.
He noted that while the court was bound to apply the law as it currently stands, the question of whether Kenya should reform its cannabis laws is a matter for policymakers and the public.
Justice Mwamuye Quotes Reggae Legend During Decriminalization Petition On Marijuana
