The landmark push by the Rastafari Society of Kenya (RSK) to decriminalise cannabis for religious purposes has faced yet another hold-up.

The High Court recently granted the Attorney General (AG) additional time to submit their responses to the long-running petition.

The case had been scheduled for a full hearing. However, the AG’s office requested a postponement. They argued they required more time to prepare and file the necessary documents.

The Core of the Constitutional Challenge

The RSK asserts that criminalising the use of marijuana, commonly called bhang, is unconstitutional. They maintain that current laws violate the rights of Rastafarians.

Rastafari use cannabis as a central part of their spiritual practice and faith. The society describes the substance as vital for enhancing spirituality, healing, and achieving a deeper connection. They consider it medicinal and important for unity with nature.

Plea for Equal Treatment

The petition, originally filed in 2021, aims for legal parity. The RSK wants the same opportunity afforded to individuals who possess cannabis licenses or medical prescriptions.

They are asking that Rastas be allowed to use it for meditation and for reasoning.

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The society believes Rastafarians are "born, not created". This unique identity forms the basis of their claim for religious accommodation. They stress that their request is founded on genuine, lived experience.

State Delays Frustrate Community

The lawyer representing the Rastafari community opposed the latest request for an adjournment. They argued that the state has consistently delayed the case since its inception.

The community has shown significant patience while waiting for the day the hearing would commence. However, that scheduled day was again postponed.

The society also argues that its position aligns with Kenyan law regarding research. They cite Article 11 3 B.

This article states that the government shall pass laws to allow research on all 'Hindi seeds' and varieties of plants. This constitutional allowance includes marijuana. However, they note that they are currently "not allowed to touch the marijuana".

Judgment Date Set for 2026

The court ultimately agreed to adjourn the matter. The hearing was pushed forward to January next year (relative to the date of the session).

Crucially, the court set a definitive date for the final judgment. The judgment is scheduled to be deliveredon 12 March 2026.