High Court Sets March 19 to Decide Bhang Legalization Case, Warns Police Against Harassing Petitioners

The Milimani Law Courts in Nairobi and an insert of Cannabis Sativa popularly known as bhang.
The Milimani Law Courts in Nairobi and an insert of Cannabis Sativa popularly known as bhang.
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NUSOJ

The High Court has rescheduled the hearing and the determination of the petition seeking the legalisation of Cannabis Sativa, popularly known as bhang or marijuana, with the judgment now set for March 19, 2026.

In his directives, Justice Bahati Mwamuye also rescheduled the hearing of the petition to January 30, after the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) requested more time to respond to the case.

Addressing the court on Wednesday, January 14, Justice Mwamuye directed petitioners to file and serve their submissions by February 12, 2026, with respondents urged to do the same by February 17, 2026.

"Parties shall file and exchange written submissions. The petitioners shall have leave to file and serve rebuttal written submissions by the close of business February 20, 2026," the judge said.

Entrance to Milimani Law Courts, Nairobi.
Entrance to Milimani Law Courts, Nairobi.
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The Judiciary of Kenya.

He further stated that the earlier scheduled judgment date of March 12, 2026, had been vacated and replaced with a new date of March 19, 2026, set for 12 noon.

Mwamuye emphasised the need for faster settlement of the matter, stating that the case must be fully heard and determined within the first quarter of the year.

According to the judge, there would be no further adjournment of the case, regardless of the circumstances, with petitioners, respondents and interested parties urged to make their submissions on time.

"It has to be fully heard and determined within the first quarter of this year. There will be no further adjournments, whatever the state, I will deliver a judgment on March 19," Mwamuye reiterated.

Mwamuye further called on the government to advise police officers to stop the alleged harassment of the petitioners, as there was an active case in court seeking to legalize Marijuana. 

This came after Shadrack Wambui, the lawyer representing the petitioners, informed the court that members of the Rastafari society were being targeted by police after their faces went public following the petition.

In their petition, the Rastafarians are seeking the court's permission for the legalisation of bhang for religious, spiritual and medicinal use in the country.

The petitioners also argued that the current law, which criminalises marijuana, was unconstitutional and infringed upon their rights of worship.

According to Rastafarians, Cannabis Sativa is a sacrament which they claim helps them in meditation and reasoning sessions to seamlessly connect with their creator, Jah.

Cannabis Sativa plants farm in India before harvest.
Cannabis Sativa plants farm in India before harvest.
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