The Rastafarian Society of Kenya on Monday (17.05.21) has filed a petition at the Milimani Law Courts seeking to have marijuana legalized.
In the petition, The Rastafari community argue that as a marginalized group, they often face stigma because of their use of cannabis.
The group further argue that because they do not have political affiliations, they are subject to discrimination, intimidation and unwarranted searches of their homes.
The Community presented their argument as:
- That marijuana, taken or used in all its forms is purposeful to the community as it is used as a sacrament to manifest their faith.
- The use of herb or cannabis is grounded in biblical redemption and deliverance.
- Based on the constitution, the Rastafari Community should be allowed to practise their spirituality and partake of the herb during prayer sessions.
Further to this, the Society wants the court to cease the arrest or prosecution of members who use marijuana for their spiritual and private growth.
They also want the court to uphold the rights of members professing their Rastafari beliefs and ideologies in their private lives as required under international human rights law.
The Society is seeking is a declaration that section 3 (1), (2), (a) and (3) (a-d) of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 Of 1994 is unconstitutional; as it discriminates the Rastafarian community on the basis of religion by criminalizing their use of marijuana.
They also want the court to issue a declaration that the aforementioned sections of the Narcotic Drugs and Psychotropic Substances (Control) Act No. 4 Of 1994 is unconstitutional such that it discriminates against those professing their Rastafarian faith.