Court gives AG more time in Rastafari society’s bid to decriminalise Marijuana

Court gives AG more time in Rastafari society’s bid to decriminalise Marijuana

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The High Court has granted the Attorney General additional time to file responses in a case filed by the Rastafari Society of Kenya (RSK), which is seeking to overturn laws criminalising the use of marijuana.

The matter had been scheduled for hearing today, but state counsel requested an adjournment, prompting strong opposition from the petitioners.

Lawyer Shadrack Wambui, representing the RSK, told the court that the state had repeatedly sought postponements, delaying a case that has been pending since 2021.

“You issued clear directions that this matter be heard today. This is an old case, and my clients have travelled from various parts of the country. They seek an audience, not victimisation,” Wambui argued.

In the petition, the Rastafari community contends that laws prohibiting the private use of cannabis violate their constitutional rights, particularly their freedom of religion, as the substance forms part of their spiritual practice.

The court allowed the adjournment, directing that the hearing proceed on 12 January, while maintaining 12 March 2026 as the judgment date.

“We will adjourn until January and maintain 12th March 2026 for judgment,” the court ruled.

Despite the petition having been filed four years ago, the government is yet to submit its official response.

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