Rastafari Raise Police Profiling Concerns as Marijuana Case Is Deferred
The Rastafari community has asked the High Court to intervene after its members reported increased police scrutiny following heightened public attention around their constitutional challenge to Kenya’s cannabis laws.
The issue was raised on Wednesday, January 14, 2026, when the Rastafari Society of Kenya appeared before Justice Bahati Mwamuye in a case questioning the legality of criminal penalties imposed on marijuana use for religious purposes.
Through their advocate, Shadrack Wambui, the petitioners told the court that extensive media reporting on the case has made adherents of the faith more visible, exposing them to repeated stop-and-search encounters by law enforcement officers.
Counsel submitted that members are being singled out based on their appearance and religious identity, rather than any lawful grounds, with some subjected to searches despite having no prohibited substances in their possession.
The society argued that the alleged profiling amounts to harassment and violates constitutional protections relating to dignity, privacy and freedom of religion.
They asked the court to issue interim safeguards to prevent continued police interference as the case remains pending.
The concerns were raised during a session in which the court was considering whether to admit the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) into the proceedings.
Justice Mwamuye allowed NACADA to join the case as an interested party, finding that its statutory role in drug policy and abuse prevention makes it a relevant participant in the dispute.
As a result of the new development, the court postponed the hearing to allow NACADA sufficient time to file its response.
The authority was directed to submit its pleadings by January 20, 2026, with the petitioners granted leave to reply by January 27, 2026.
The matter will now be heard on January 30 and February 4, 2026.
The petition, which was lodged in 2021, seeks formal recognition of the Rastafari religion and a declaration that cannabis use for spiritual purposes should not be criminalised.
The applicants maintain that marijuana is an essential element of their religious practice and that current laws unfairly criminalise their faith.
Justice Mwamuye confirmed that judgment in the matter will be delivered on March 19, 2026.
