Smoking bhang is part of Rastafarians' freedom of religion and it is essential to grow spiritually and connect with their maker.
This is what lawyer Shadrack Wambui told the court on Monday. He represents the Rastafari Society of Kenya (RSK), which is seeking legalisation of bhang, which is now illegal.
“For Rasta to enjoy his freedom of religion, for Rasta to fully manifest his faith, it requires of him or her to frequently use marijuana, or what is commonly known as Kushupeng, to create that connection between themselves and their maker,” he told the court.
The Rastas came to the High Court flying two flags, one symbolising Black Supremacy and the other symbolising the unity among African countries.
Mudachi Isavwa, aka Moses, was wearing a scarf with red, black and green colours.
He told the Star Newspaper that red stands for the blood of their freedom fighters, saints and ancestors. He said they consider Jamaican activist Marcus Garvey their prophet who led the Pan African movement.
Black symbolises the black race and the black people. Green stands for vegetation, any plant — including bhang.
The other banner was in green, yellow and red. The yellow, Moses said, stands for gold, wealth and sunshine, the red for blood and green for bhang and vegetation.
The Rasta Society has shrines or tabernacles designed for prayer throughout Kenya.
Lawyer Wambui cited the Haile Selassie Foundation in Kibera, the Bobo Shanti Shrine in Utawala and Makueni-Wote Town among the sites of tabernacles of prayer.
In their application, the Rastas are seeking to suspend implementation of some sections of the Narcotic Drugs and Psychotropic Substances Control Act.
These sections mandate the arrest, prosecution and conviction of Rastas for growing and using cannabis in their private homes and designated places of worship.
“The impugned provision is an invasion of Rastas' privacy right under Article 31(a) and a ,contravention of Rastas' freedom to manifest their religion under Article 32 of the Constitution,” the Rastas' petition reads.
The RKS also seeks to have their case referred to the Chief Justice to appoint a bench of judges to hear the case. They say their case raises substantial questions of law.
According to court documents, the Rasta’s outwardly manifest their beliefs and dedication to God by growing rastas or dreadlocks and by sacramental community achieved through use of "the holy herb" (bhang), which is violated by the total prohibition of cannabis..
They say the police harass, intimidate, arrest and cause the prosecution, persecution and even imprisonment of the members of the faith for privately growing and using cannabis "to connect with the Almighty Creator".
“We are forced to live in fear as a minority religious group in Kenya as the current legislative framework is inimical to our religious practices as it fails to reasonably accommodate the Rastafari use of marijuana as a manifestation of their faith and for connection with their creator.
“The impugned law enacted in 1994 is hostile and intolerant to persons professing the Rastafari faith,” they say.
Rastafarians use cannabis in meditation, involving smoking, eating, drinking, bathing or burning incense in the privacy of their homes. "Reasoning" involves the use of marijuana with others in tabernacles or other designated places of worship.
(Edited by V. Graham)