The Rastafarian community has threatened to sue the Attorney General (AG) for allegedly delaying a petition seeking the legalisation of bhang in Kenya. The threat was made outside Milimani Law Courts on Tuesday, November 18, as the community expressed frustration over what they describe as negligence and incompetence.
Through their lawyer, Danstan Omari, the Rastafarians accused the AG of intentionally postponing a response to their petition, which was filed in 2021. The petition seeks the legalisation of marijuana for religious, spiritual, and medicinal purposes.
Justice Bahati Mwamuye set the hearing dates for the petition on January 14 and 15 next year, pending the AG’s response. Omari warned that if the government continued to delay, the Rastafarians would file a separate petition for the removal of those responsible. “The government has not responded since 2021. We shall move to remove them from office for failure to respond. Rastafarians have a right for their cases to be heard,” he stated.
The petitioners argue that criminalising marijuana infringes on their constitutional rights to worship. They maintain that Cannabis Sativa is a sacred sacrament used in meditation and reasoning sessions to strengthen their connection with their creator, Jah.
“The government, which opposes the legalisation of marijuana, should present counter-evidence. Bhang is useful for research and has spiritual significance for our community,” said the head of Kenya’s Rastafarians.
Highlighting the perceived double standard, the Rastafarians noted that substances such as alcohol and cigarettes are widely used despite their harmful effects, yet their religious use of marijuana is criminalised.
The community’s legal battle is being closely watched, as it raises questions about religious freedom, medicinal use of cannabis, and the role of the government in regulating controlled substances. With the court set to hear the case early next year, the Rastafarians are determined to have their petition fully considered.
