Court Sets Stage for Potential Legalisation of Bhang in Kenya

Waylon Omondi
2 Min Read

Attorney General to Respond in Case Seeking Marijuana Legalisation in Kenya

The High Court has granted the Attorney General (AG) additional time to file responses in a landmark case brought by the Ras Tafari Society of Kenya (RSK), which seeks to challenge the law criminalising the use of marijuana.

The case, first filed in 2021, had been scheduled for hearing on November 18, 2025. However, the Attorney General, Kihara Marwa, requested an adjournment, citing her inability to appear in court due to being out of town.

“Your Honour, I am seeking an adjournment. I cannot appear physically since I am miles away, currently in Kisumu,” Marwa told the court.

The request, however, was met with objection from Shadrack Wambui, lawyer representing RSK, who argued that the state had repeatedly sought adjournments since the matter was filed over four years ago.

“You issued clear guidelines on this matter to be heard today. This being a very old matter, my clients have travelled from far regions of this country. My client seeks audience, not to be victimised,” Wambui told the court.

The case challenges the constitutionality of Kenya’s cannabis laws, arguing that the prohibition on private use violates the rights of persons practising the Rastafari faith, for whom cannabis is a sacramental substance.

After hearing submissions from both sides, Justice Bahati Mwamuye directed that the matter be adjourned to January 12, 2026, for hearing, while maintaining March 12, 2026, as the date for judgment.

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Attorney General to Respond in Case Seeking Marijuana Legalisation in Kenya
Marijuana plant

“We will adjourn until January and maintain March 12, 2026, for judgment,” Justice Mwamuye ruled.

The case has attracted national attention, highlighting ongoing debates in Kenya over personal freedoms, religious rights, and cannabis legalisation.

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Attorney General to Respond in Case Seeking Marijuana Legalisation in Kenya

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