Pictured here – Kenyan Rastas outside the Milimani High Court on 14 January 2026.
Kenya
A leading Kenyan anti-drug organization is pushing back against a court challenge by the Rastafari Society of Kenya (RSK) to overturn the East African country’s cannabis prohibition laws.
The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA), which has a tough stance against all forms of drug use, including nicotine and alcohol, was allowed to join the case by Milimani High Court on 14 January 2025.
The matter will be heard on 30 January, with judgement set for 19 March 2026.
The RSK has been challenging a 1994 law criminalising cannabis since 2021, saying it violates Rastas’ constitutional right to religious freedom, equality, dignity and privacy for private worship use.
Lawyers for the Society have criticised police harassment, including home searches and arbitrary arrests.
They have contended that Rastas have the right to cannabis as dictated to by their faith and that Kenyan society should be accommodating of all faiths.
Speaking outside court in Nairobi on 14 January 2026, Advocate Danstan Omari for the plaintiffs, explained that the case rests on constitutional provisions that protect cultural and religious practices. He argued the state has no right to interfere with how any faith conducts its religious practices as that amounts to discrimination, citing Article 32 of the Kenyan Constitution.
“The Rastafari are part and parcel of this country. Article 32 is clear that nobody can interfere with the manner in which worship is conducted,” Omari said on NTV Kenya. Rastas, like any minority and marginalised group, were expressly protected under the Constitution, he stated.
Namibia
Meanwhile in Namibia, the Windhoek High Court has asked lawyers involved in the Ganja Users of Namibia (GUN) cannabis challenge to consider limiting the issues on which the court will be asked to make a decision. GUN President Brian Jaftha and Secretary General Brian Ndungulaare petitioning the state to decriminalise cannabis, arguing Rastas’ right to religious and spiritual freedom.
Commenting on the case, South African pro-cannabis litigant Jeremy Acton (and founder of the Dagga Party), known for his role in the South African personal use 2018 victory, said Namibian authorities are trying to take the necessary transformation out of the hands of public initiative. It became apparent during arguments in the case last year that Namibian authorities have already prepared draft legislation to allow for limited cannabis use under certain circumstances.
Botswana
Over in Botswana, Rastas said there was very little to celebrate about the Cannabis Bill that entailed changes to The Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 2018 late last year. In terms of the new legislation, offenders found in possession of small amounts of cannabis will be spared jail and sent for rehabilitation but pay a hefty fine. Rastas everywhere have unanimously opposed legal small use provisions as impractical for everyday spiritual observance.
South Africa
In South Africa, Rastas are calling on the police to observe a 2023 moratorium on Rasta cannabis-related arrests which parties including the SA Human Rights Commission (SAHRC) say is still enforceable. Rastas have reported continuing police harassment despite an SAHRC-facilitated Roundtable in Boksburg last February to try to secure Rasta protections against undue law enforcement harassment.
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