Nacada enjoined in Rastafarians' case seeking legalisation of bhang

Rastafarian Society of Kenya appearing before Justice Bahati Mwamuye on a case seeking the legalisation of bhang at Milimani High Court on January 14, 2025./Leah Mukangai

The High Court has formally allowed the National Authority for the Campaign Against Alcohol and Drug Abuse (Nacada) to join proceedings challenging the criminalisation of cannabis.

The move is expected to shape the direction of a long-running constitutional petition by the Rastafari Society of Kenya (RSK).

Justice Bahati Mwamuye on Wednesday, January 14, 2026, ruled that Nacada be enjoined as an interested party.

"The application is allowed in terms of the enjoinment of Nacada as an interested party in this matter with immediate effect," he directed.

This is after the government and parties agreed that the agency plays a central role in matters touching on drug policy and regulation.

The application to join Nacada was dated January 13, 2026.

State counsel Christopher Marwa told the court that NACADA’s participation would assist the court in arriving at a firm and well-informed decision, given the authority’s statutory mandate on drug control and public health.

“In my assessment, Nacada is a key party in these proceedings. I am in support of the application and not opposed,” the counsel submitted, urging the court to allow the agency to give its input.

The prosecution further asked the court for short timelines to enable Nacada to file its responses, proposing that the matter be squeezed in for hearing next week to avoid unnecessary delays.

Counsel for the petitioners, Shadrack Wambui, also supported the application, telling the court that the enjoinment fell squarely within its powers and served the interests of justice.

“We would be pleased to be served with the application. It is in the interest of justice that Nacada be heard,” Wambui said, even as he cautioned that the move would affect timelines previously set by the court.

In allowing the application, Justice Mwamuye directed Nacada to file and serve its response to the petition by close of business on Tuesday, January 20, 2026.

The petitioners were granted until January 27 to file a rejoinder, if necessary.

The court also rescheduled the hearing, setting aside the day’s session and proposing new hearing dates on Friday, January 30, 2026, and February 4, 2026.

Justice Mwamuye reminded the parties that the matter, having originated in 2021, must be concluded within the first quarter of this year.

He underscored the need for strict adherence to the timelines issued, noting that submissions will be highlighted on February 24, and that judgment is now scheduled for March 19, 2026.

The case was filed by the Rastafari Society of Kenya, which is challenging sections of the Narcotic Drugs and Psychotropic Substances Control Act that criminalise the cultivation, possession and use of cannabis.

The society argues that cannabis is central to its religious practice and that criminalisation violates constitutional rights to freedom of religion, privacy, dignity and equality.

The petition has been pending for several years, with the society seeking recognition of the Rastafari faith and limited decriminalisation of cannabis for religious use.