Court Issues Fresh Directive in Bhang Legalisation Case
The long-running push to legalise Cannabis Sativa — commonly known in Kenya as bhang or marijuana — has taken a new turn after the Rastafari community demanded the immediate removal of Attorney General Dorcas Oduor from office.
The group, which views marijuana as a sacred religious plant, now accuses the Attorney General of failing in her duties and neglecting a critical constitutional matter.
Speaking to journalists outside the Milimani Law Courts in Nairobi on Tuesday, November 18, the Rastafarians voiced their frustration over what they described as deliberate delays from the Attorney General’s office.
Their lawyer, Danstan Omari, said the AG had failed to file a response to their 2021 petition, which seeks the legalisation of marijuana for religious, spiritual, and medicinal purposes.
Their outrage came after the High Court postponed the hearing of the petition to next year, pending the AG’s official response. Justice Bahati Mwamuye directed that the matter be heard on January 14 and 15, marking the first time the case will proceed to a full hearing.
“The government has refused to respond since 2021. Because of this neglect, we will begin the process of filing another petition targeting the office that has failed to act — the Office of the Attorney General,” said Lawyer Danstan Omari.
He further warned, “We shall move to have the Attorney General removed from office for failing to perform her legal duties. This is a serious public warning because Rastafarians deserve to have their case heard without unnecessary delays.”
In their original petition, the Rastafarians asked the court to allow the legal use of bhang in Kenya, arguing that the current laws that criminalise marijuana violate their freedom of religion and worship.
They say cannabis is central to their faith and helps them meditate, reflect deeply, and spiritually connect with their creator, whom they call Jah.
The leader of the Rastafarian community in Kenya criticised the selective enforcement of drug laws, saying, “The government should bring proof to counter our petition instead of ignoring it. Marijuana has many uses, including research.
We know cigarettes are harmful, alcohol is harmful, and many hard drugs are harmful, yet people consume them freely without facing constant arrests. But when a Rastafarian uses their religious sacrament, they are arrested.”
He insisted that Cannabis Sativa is not just a recreational substance for them but a sacred sacrament that supports meditation, unity, and spiritual growth within their community.
The Rastafarian group has vowed to keep pressing the government and the courts until their case is fully heard and determined, saying the delay is a sign of discrimination and violation of their constitutional rights.
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