Court adjourns hearing on Rastafarians’ petition to decriminalise bhang
By Zipporah Ngwatu, November 18, 2025A Nairobi High Court has adjourned the hearing of a case where the Rastafari Society of Kenya (RSK) are seeking decriminalisation of cannabis for spiritual use among the faithful in Kenya.
The Rastafarian Society argues that the use of marijuana is lawful as per the Kenyan Constitution; thus, it is wrong to criminalise its use.
Appearing before Justice Bahati Mwamuye on Tuesday, November 18, 2025, Christopher Marwa, representing the State, urged the court to adjourn the hearing of the matter because he was not within the jurisdiction of the court.
Marwa told the court that he also needs more time to prepare for the case.
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However, the legal team representing the Rastafarian, led by Shadrach Wambui and Danstan Omari, objected to the request for adjournment, arguing that the state counsel has been asking for the hearing adjournment several times.
“My lord, I would like to object to the application for adjournment; my colleague has been asking for an adjournment on various occasions,” lawyer Wambui told the court.
Wambui argued that his clients had travelled from different regions of the country to attend the hearing and urged the court to proceed with the hearing.
The Rastafarians moved to Milimani High Court seeking orders allowing them to use marijuana as far as their religious beliefs are concerned.
They argue that the law permits that if you have marijuana or ganja for prescription, then you will be allowed to use it for prescription.
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Further, they also want the court to allow them to use bang for meditation and reasoning.
According to them, it also allows that if one is given a licence to plant and cultivate marijuana, the law will act in your defence; you shall not be prosecuted by the state.
Notably, they aver that it is against the constitution to arrest and charge the users of marijuana.
Justice Mwamuye deferred the hearing to January 14 and 15, 2026, and he reserved March 12, 2026, for judgement.
“The hearing is deferred to January 14 and 15, 2026, and the judgement of the matter will be March 12, 2026,” Justice Mwamuye ruled.