The Rastafarian movement in Kenya awaits the decision of the next July 15thNairobi High Court which will have to establish whether the consumption of marijuana for meditative purposes may be authorized in the name of freedom of religion. The local media reported the news, recalling that the legal dispute, active since 2021, represents a crucial point for a community that identifies itself as mystical, vegetarian and pan-Africanist.
The country is experiencing a legal contradiction: although in 2019 a sentence effectively recognized the Rastafarian cult in Kenyan law, a severe 1994 law punishes the possession of hemp with fines and sentences of up to ten years in prison, exposing the faithful to continuous retaliation and police searches. The 2019 decision concerned the right of a Rastafarian student to wear dreadlocks to school and represented the first recognition of the cult by Kenyan justice.
The battle for religious recognition
For Rastafarians, cannabis is not a recreational substance, but an element of religious practice used during meditation and celebrations. There Rastafari Society of Kenyapromoter of the appeal, claims that the absolute ban prevents the faithful from freely professing their religion.
“Smoking marijuana is part of our culture and we must defend it,” the association’s spokesperson told AFP. Mwendwa Wambuaknown as Ras Prophetexplaining that Rastafarians are often subject to checks and arrests even for the possession of modest quantities of cannabis.
Between discrimination and controls
According to community members, discrimination is frequent. “People look at your hair, call you ‘rastaman,’ say you smoke ganja and associate you with all kinds of negative things,” he says Moses Mudachi Fatherwhich adopted the name of Ras Masinde.
The man explains that he also wears dreadlocks as a tribute to the guerrillas Would wantprotagonists of the revolt against British colonial rule in the 1950s, and calls himself “a freedom fighter” in defense of Rastafarians imprisoned for cannabis-related crimes.
“Every time I walk down the street a policeman stops me and checks my backpack to make sure it doesn’t contain marijuana,” says Ras Masinde. In fact, Kenyan legislation provides for up to ten years in prison and heavy fines for possession of cannabis for personal use.
The Kibera community
Despite the clandestine nature, the movement continues to grow, especially among young people from the most disadvantaged urban areas. The faithful gather on Saturday, a day dedicated to worship, mainly to Kiberathe largest informal neighborhood in Nairobi.
The company is also based here Haile Selassie Foundationwhich organizes courses in weaving, jewelery making and musical instrument making, with the aim of offering young people job opportunities and keeping them away from crime.
The sentence expected on July 15th
Rastafarians look with optimism at the High Court’s decision. A favorable ruling could represent a precedent on the recognition of the religious use of cannabis in Kenya and allow the faithful to practice their religion without the fear of being prosecuted by the police.
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