The High Court has upheld the Kenyan law which criminalises the possession and use of cannabis, popularly known as bhang or marijuana, dismissing a petition filed by members of the Rastafari community.

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This follows a petition filed by the Rastafarian community, which sought the court's intervention to have the substance recognised as part of their religious practice.

In a judgment delivered on Wednesday, July 15, by Justice Bahati Mwamuye, the court ruled that the petitioners failed to provide consistent and sufficient evidence to justify their request to legalise the substance.

According to the judge, the evidence presented by the petitioners did not meet the legal threshold required to invalidate an existing piece of legislation.

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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.

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.

With the petition dismissed, the legal framework governing marijuana remains unchanged, with offences relating to bhang continuing to attract criminal penalties as provided under the Narcotic Drugs and Psychotropic Substances (Control) Act.

📰 Source: Kenyans.co.ke