High Court Sets March 19 to Decide Bhang Legalization Case, Warns Police Against Harassing Petitioners
The High Court has set March 19, 2026, as the date it will deliver judgment in a landmark petition seeking the legalization of Cannabis Sativa, commonly known as bhang or marijuana, while issuing a caution to law enforcement agencies over the alleged harassment of petitioners as the case proceeds.
Justice Bahati Mwamuye issued the directions on Wednesday, January 14, while rescheduling both the hearing and determination timelines of the case. The decision followed a request by the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), which sought additional time to respond to issues raised in the petition.
The petition, filed by members of the Rastafari community, challenges existing laws that criminalize marijuana, arguing that they violate constitutional rights, particularly freedom of religion and worship. The petitioners are seeking the legalization of bhang strictly for religious, spiritual, and medicinal purposes.
While addressing the court, Justice Mwamuye outlined a firm schedule aimed at ensuring the matter is concluded within the first quarter of the year. Petitioners were directed to file and serve their written submissions by February 12, 2026, while respondents must submit theirs by February 17, 2026. The court further allowed petitioners to file rebuttal submissions by February 20, 2026.
“Parties shall file and exchange written submissions. The petitioners shall have leave to file and serve rebuttal written submissions by the close of business February 20, 2026,” Justice Mwamuye directed.
The judge also vacated the earlier judgment date of March 12, replacing it with March 19, 2026, at noon. He emphasized that the court would not entertain further delays, regardless of circumstances.
“It has to be fully heard and determined within the first quarter of this year. There will be no further adjournments; whatever the state, I will deliver a judgment on March 19,” Mwamuye stated.
In a significant development, the court raised concerns over allegations that police officers have been harassing members of the Rastafari community since the petition was filed. Mwamuye urged the government to take appropriate steps to ensure that law enforcement agencies respect due process while the matter is pending before the court.
The caution followed submissions by Shadrack Wambui, the lawyer representing the petitioners, who told the court that Rastafarians had allegedly been targeted after their identities became public through the ongoing case.
According to Wambui, police actions against the petitioners undermine the rule of law and interfere with the administration of justice.
“There is an active matter before this court, yet our clients are being harassed simply because they have exercised their right to seek legal redress,” he submitted.
In their court filings, the petitioners argue that Cannabis Sativa is a sacred sacrament within the Rastafari faith. They contend that its use is central to meditation, spiritual reflection, and communal reasoning, which they say enables them to connect with their creator, Jah.
The petition further argues that the blanket criminalization of marijuana is unconstitutional, discriminatory, and inconsistent with Kenya’s obligations to uphold freedom of religion, belief, and cultural expression.
NACADA and other respondents are expected to oppose the petition, citing public health, safety, and social concerns associated with drug use. The case has attracted national attention, with legal experts and civil society groups closely watching its outcome due to its potential implications on drug policy, religious freedoms, and criminal justice reform in Kenya.
As the countdown to March 19 begins, the court’s warning to police and its insistence on strict timelines signal the judiciary’s intention to bring finality to a case that could set a significant legal precedent.
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High Court Sets March 19 to Decide Bhang Legalization Case, Warns Police Against Harassing Petitioners
