NAIROBI, Kenya (AP) 鈥� Kenya鈥檚 High Court on Wednesday dismissed a petition seeking to legalize the use of cannabis by Rastafarians for religious purposes.
Justice Bahati Mwamuye said Kenya鈥檚 laws prohibiting the cultivation and use of marijuana do not violate Rastafarians鈥� right to freedom of religion. Granting the community an exemption would require a sound constitutional and legal foundation, he added.
Mwamuye, however, said Kenya should hold a national debate on its drug policy.
鈥淭his is not just a question for the Rastafari community but one that cuts across society,鈥� he said.
Kenya鈥檚 Narcotic Drugs and Psychotropic Substances (Control) Act prohibits the cultivation, possession and use of marijuana. Rastafarians had petitioned the court to exempt them from the law, arguing that cannabis is central to their religious practices.
Smoking marijuana is punishable by a fine of up to $2,000, imprisonment for up to 10 years, or both. Drug trafficking carries stiffer penalties, including higher fines and longer prison terms.
In his ruling, Mwamuye said the petitioners had failed to establish the constitutional and legal basis necessary for the court to exempt them from the provisions of the drugs act.
The petitioners鈥� lawyer, Shadrack Wambui, said they would appeal the decision in the Court of Appeal.
Wanjiru Gakiu, 60, who has practiced Rastafarianism for 34 years, said she was 鈥渄isappointed鈥� by the ruling and described Kenya鈥檚 drug laws as 鈥渟atanic.鈥�
鈥淚鈥檓 sure if we were seeking to legalize something satanic, we would have been allowed. But when it comes to religion, the country is deaf and doesn鈥檛 want us to enjoy our religious rights,鈥� she told The Associated Press.
Following the ruling, Rastafarians gathered at Nairobi鈥檚 Freedom Corner, where they chanted, beat drums and smoked marijuana in protest.
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