High Court Allows NACADA to Join Case Paving Way for Cannabis Legalisation for Religious Use in Kenya

The High Court on Wednesday formally allowed the National Authority for the Campaign Against Alcohol and Drug Abuse (NACADA) to join a landmark constitutional petition challenging the criminalisation of cannabis in Kenya. Justice Bahati Mwamuye ruled that NACADA be enjoined as an interested party, a move expected to shape the future of the case filed by the Rastafari Society of Kenya (RSK).

The society argues that cannabis is central to its religious practices. It contends that sections of the Narcotic Drugs and Psychotropic Substances Control Act violate constitutional rights, including freedom of religion, privacy, dignity, and equality. “It is in the interest of justice that NACADA be heard. Their input will help the court make a well-informed decision,” said Shadrack Wambui, the society’s lawyer.

The application by NACADA, dated January 13, 2026, was supported by state counsel Christopher Marwa, who said the agency’s participation is critical. “NACADA is a key party in these proceedings. Their statutory mandate on drug control and public health makes their input essential,” he told the court. Justice Mwamuye directed NACADA to file its response by January 20, while the petitioners have until January 27 to submit a rejoinder if needed.

The court also rescheduled the hearing, setting new sessions for January 30 and February 4, 2026. Judgment is now slated for March 19, 2026. The judge reminded parties that the matter, which originated in 2021, must be concluded within the first quarter of the year.

The petition highlights ongoing issues of religious freedom and unequal application of drug laws. The Rastafari Society has also accused police of harassment and profiling, citing online circulation of photos of its members.

Legal experts say NACADA’s involvement could influence the potential legalisation of cannabis for religious purposes. It may provide the court with critical insights into public health, regulation, and enforcement implications. Observers note that the case could set a precedent for other faith-based exemptions in Kenya.

This ruling marks a significant step in the debate over cannabis legalisation. It brings NACADA’s expertise to the table while keeping the focus on balancing religious rights, public safety, and national drug policy.