The High Court has approved the inclusion of the National Authority for the Campaign against alcohol and Drug Abuse (Nacada) in a constitutional case challenging the criminalisation of cannabis in Kenya. In a ruling delivered on Wednesday, January 14, 2026, Justice Bahati Mwamuye allowed Nacada to participate in the proceedings as an interested party. The case was filed by the Rastafari Society of Kenya (RSK) and has been pending before the court since 2021.
The application is allowed in terms of the enjoinment of Nacada as an interested party in this matter with immediate effect
Justice MwamunyeThe decision followed consensus among the parties that Nacada plays a critical role in shaping national drug policy and public health regulation. The application seeking the agency’s inclusion was dated January 13, 2026. Appearing for the State, counsel Christopher Marwa told the court that Nacada’s statutory mandate on drug control would help the court reach a well-informed determination. The prosecution also urged the court to impose tight timelines to prevent further delays, proposing that the matter proceed to a hearing as early as next week. Counsel for the petitioners, Shadrack Wambui, supported the request, noting that the court has the discretion to allow such participation in the interest of justice.
In his directions, Justice Mwamuye ordered Nacada to file and serve its response to the petition by January 20, 2026. The petitioners were granted until January 27 to file any rejoinder. The court also vacated the day’s hearing and proposed new dates of January 30, 2026, and February 4, 2026, for the continuation of the case. Emphasising the need for efficiency, the judge noted that the petition has been before the court for several years and must be concluded within the first quarter of 2026. He directed that submissions be highlighted on February 24, with judgment scheduled for March 19, 2026.
The case challenges provisions of the Narcotic Drugs and Psychotropic Substances Control Act that outlaw the cultivation, possession and use of cannabis. The Rastafari Society argues that cannabis is integral to its religious beliefs and that its criminalisation infringes on constitutional rights, including freedom of religion, privacy, dignity and equality. Through the petition, the society is seeking formal recognition of the Rastafari faith and limited decriminalisation of cannabis strictly for religious purposes.
