The holy herb is back on the scales of justice. The National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) has been formally enjoined as a respondent in a landmark constitutional petition filed by the Rastafari Society of Kenya (RSK), which seeks to legalize the use of cannabis for religious purposes.

In a ruling that sets the stage for a clash between religious freedom and public health laws, the High Court directed that NACADA must be part of the proceedings given its mandate to regulate narcotics. The Rastafari community argues that the current Narcotic Drugs and Psychotropic Substances (Control) Act is discriminatory, criminalizing a sacrament that is central to their faith.

"It Is Our Sacrament"

The petitioners, led by Prophet Mwendwa Wambua, argue that denying them the right to use marijuana (bhang) violates Article 32 of the Constitution, which guarantees freedom of worship. "To the Rastafari, cannabis is not a drug; it is a conduit to the divine," Wambua told the court. "You cannot criminalize our prayer."

NACADA, however, is expected to mount a vigorous defense based on the potential for abuse. The agency has long maintained that legalizing cannabis, even for a specific group, would open a "Pandora's box" of addiction and trafficking. With Kenya already battling a surge in substance abuse among youth, the state views any relaxation of the law as a public health risk.

• The Precedent: The case mirrors similar battles in South Africa and the Caribbean, where courts have granted limited exemptions for religious use. The Kenyan bench must now weigh the individual right to worship against the state's duty to protect public health.
• Public Opinion: The debate has split Kenyans down the middle. While conservatives view it as a gateway to moral decay, a growing libertarian movement argues for the economic benefits of hemp cultivation, citing its potential to boost the agricultural sector.