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Court allows NACADA to join in the Rastafarian bhang legalisation case
14th January, 2026 12:51 PM
The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has made an application to be enjoined in the ongoing case of the Rastafarian Society of Kenya (RSK), who are in court seeking decriminalisation of cannabis for spiritual use among the faithful in Kenya.
In a petition filed at Milimani High Court, the Rastafarians are seeking to have the court legalise the use of bhang, arguing 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 Wednesday, January 14, 2026, state counsel Christopher Marwa informed the court that NACADA wants to be enjoined in the case.
Meanwhile, the lawyer representing NACADA informed the court that they were informed about the petition which was filed in early this year, and they are seeking to be enjoined.
“My lord, we were made aware of this matter early this year, and we seek to file an application to be enjoined in the matter,” the NACADA lawyer told the court.
Further, the court heard that NACADA, a state corporation established by the NACADA Act of 2012 to coordinate and prevent, control and mitigate alcohol and drug abuse in the country, wants to give their side of the story of any effects of the use of bhang.
The legal team representing the Rastafarian Society, led by Shadrack Wambui, did not object to NACADA’s request to be enjoined in the matter.
Judge Mwamuye allowed NACADA’s application as an interested party in the matter and the government entity to file responses to the Rastafarian petition by close of business Tuesday, January 20, 2026.
“The interested party shall file responses to the petition and shall do so by close of business Tuesday, January 20, 2026. Rejoinder, if need be, to be filed and served by close of business January 27, 2026,” Justice Mwamuye directed.
Further, the court has adjourned the hearing that was slated for today, Wednesday, January 14, 2026, and tomorrow, Thursday, January 15, 2026, to January 30, 2026, and February 4, 2026, where the petitioners will avail three witnesses to the court.
“Today’s and tomorrow’s hearings have been taken out and substituted with the dates January 30, 2026, at 10 am and February 4, 2026, at 11 am,” Judge Mwamuye ruled.
According to their petition, the Rastafarians argue that the law permits that if you have marijuana or ganja for prescription, then you will be allowed to use it for prescription.
Further, they also want the court to allow them to use bang for meditation and reasoning.
Notably, they aver that it is against the constitution to arrest and charge the users of marijuana.
