Kenya: La Corte respinge l'offerta dei Rastafari per l'esenzione dalla marijuana per la libertà religiosa

A Kenyan high court has rejected a request from Rastafarians seeking an exemption from the nation's strict narcotics laws, allowing them to legally use marijuana for religious purposes. The ruling came after the group, known for incorporating cannabis into their spiritual practices, had petitioned the judiciary since 2021, arguing that such use should be protected under their constitutional right to freedom of religion. In Nairobi, the court found that the Rastafarian community had not sufficiently demonstrated that marijuana use was an essential component of their faith. During the proceedings, witnesses confirmed that cannabis is used as a sacrament within the community, but they could not reach consensus on whether its use was indispensable or simply preferred. Judge Bahati Mwamuye presided over the case and delivered the verdict, stating that the group had not met the legal threshold required to justify an exception to existing drug laws. The Rastafarian community expressed disappointment with the ruling, and their legal representative, Shadrack Wambui, announced plans to file an appeal. In response to the decision, members of the community gathered at Nairobi’s Freedom Corner, where some were seen smoking in protest. Despite the rejection of their specific request, Judge Mwamuye acknowledged broader concerns regarding Kenya’s current drug policies. He emphasized that the issue of cannabis regulation extends beyond the Rastafarian community and affects society as a whole. He noted that cannabis use has become widespread in Kenya, a trend that has persisted for several decades. Citing lyrics from Peter Tosh's influential reggae track “Legalize It,” the judge highlighted how even legal professionals might engage with the substance, suggesting that the status quo surrounding cannabis laws is unsustainable. Kenya’s narcotics laws, which impose harsh penalties for possession and use, largely stem from colonial-era legislation inherited from the United Kingdom. Possession of marijuana can result in fines of up to $2,000 or imprisonment of up to 10 years, while more serious offenses involving trafficking or cultivation carry even steeper consequences. Rastafarianism originated in Jamaica in the 1930s and is generally considered an offshoot of Christianity. The movement gained traction amid resistance to colonial influence and British rule, drawing inspiration from Ethiopianism and the Back-to-Africa movement. Its reverence for the former Ethiopian emperor Haile Selassie, regarded by followers as a prophet or messiah, established deep connections with East Africa. The tradition of wearing dreadlocks among Rastafarians finds resonance in Kenya, particularly due to historical parallels with the Mau Mau uprising against British colonial rule in the mid-20th century. Many participants in that struggle also adopted the hairstyle, linking the two movements through shared symbolism and resistance. Though Rastafarianism is recognized as a minority religion in Kenya, exact figures regarding its adherents remain unknown. The country formally acknowledged the movement as a legitimate religion in 2019 following a court ruling that barred schools from expelling students solely for wearing dreadlocks. Recently, the community took another step toward institutional recognition by opening its first temple in the Nairobi region. The ruling highlights ongoing tensions between religious freedoms and public health and safety considerations. While the Rastafarian community continues to advocate for their rights, the judicial system faces the challenge of balancing individual liberties with the enforcement of long-standing legal frameworks. As discussions around drug policy evolve, the need for a comprehensive national dialogue on cannabis regulation becomes increasingly apparent.