Kenya’s High Court has dismissed an attempt by a Rastafarian group seeking to legalize the use of cannabis for religious purposes.

The Rastafarian community had argued that the ban on smoking cannabis infringed on their rights to freedom of religion and belief guaranteed by the Constitution.

In a landmark ruling, Justice Bahati Mwamuye said the community had failed to demonstrate that drug laws violated its constitutional rights, but recognized the need for a broader national debate on cannabis.

There has been a continued push to legalize cannabis in Kenya, with advocates arguing that its regulated cultivation and trade could create jobs, increase tax revenue, and support industrial and medicinal uses.

Under Kenya’s Narcotic Drugs and Psychotropic Substances (Control) Act, possession of cannabis remains a criminal offence.

A person convicted of possessing cannabis solely for personal use can be sentenced to up to five years in prison or a fine of up to $800 (£600).

Growing cannabis carries a fine of $1,900 or three times the market value of the plants, whichever is greater, and/or up to 20 years in prison.

Tougher penalties apply to trafficking and other drug-related crimes.

In its petition, the Rastafari Society of Kenya argued that cannabis was a sacred sacrament in its faith and asked for permission for its followers to grow, possess and use it privately during worship without fear of arrest.

He maintained that he was not calling for full legalization of cannabis, but rather a limited exemption for religious purposes in private homes and designated places of worship.

In their presentation, Rastafarians argued that smoking cannabis was part of their religious doctrine that should be respected and defended.

But the state opposed their request, arguing that creating a religious exemption would undermine the enforcement of Kenya’s anti-drug laws and could create loopholes for illegal cannabis trafficking.

Justice Mwamuye also found that the evidence presented on the centrality of cannabis to the Rastafarian faith was inconsistent and insufficient to establish that its use was an essential element of the religion.

He defended the constitutionality of drug laws prohibiting the cultivation, possession and use of cannabis, dealing a blow to Rastafarians’ six-year legal battle.

The judge noted that any exemption allowing the use of cannabis for religious purposes would require a strong constitutional and legal basis.

“We should have frank conversations about cannabis and what direction we should take,” Justice Mwamuye said.

“This is not just an issue for the Rastafarian community. It is a national issue that cuts across the entire spectrum of our society,” he added.

The ruling comes seven years after another High Court ruling recognized Rastafarianism as a protected religion in Kenya and found that a school’s decision to expel a student for her dreadlocks violated her constitutional rights.