City lawyer Nelson Havi has vowed to file a constitutional petition to challenge the criminalization of marijuana.

Taking to his official X account on Sunday, March 30, 2025, the former Law Society of Kenya (LSK) president said that the petition will be filed in the next coming week.

Havi says his petition will seek to declare as unconstitutional all sections of the law criminalizing the growing, processing, sale, and use of marijuana.

“I will in the next coming week file a constitutional petition to declare as unconstitutional all sections of the law criminalizing the growing, processing, sale, and use of marijuana. We must level the vibes,” Havi stated.

Petitions to decriminalize marijuana in Kenya

However, this will not be the first attempt to seek legalization of marijuana in Kenya.

Professor Simon Mwaura, a Kenyan scientist, in 2018 petitioned Parliament to legalize marijuana, arguing that he had found a way to separate the plant’s psychotropic elements therefore making it safe for consumption by all.

Mwaura, in his petition, wanted the plant used as a raw material to create food supplements as well as herbal and medicinal extracts.

He disclosed that he had conducted research on marijuana and miraa (khat) before coming up with the findings.

“These two main plants offer both herbal and medicinal extracts that can be used by a six-month-old baby to a 90-year-old,” Mwaura noted.

He further revealed that he came up with the formula in 1996 and it had been confirmed by the Government Chemist.

The psychotropic components are what give users the feeling of ‘highness,’ but upon separation, the plant is left with a number of nutrients such as magnesium and carbohydrates.

Previously, Mwaura had written to the Ministry of Health as well as the Agriculture Ministry seeking permission to handle the banned substance in all 47 counties for purposes of his work.

Rastafarian Society of Kenya

The Rastafarian Society of Kenya has also previously filed a petition to decriminalise the use of cannabis, or bhang, for ‘spiritual’ purposes.

They argued that followers and believers of the Rastafari faith use cannabis by smoking, drinking, bathing, or burning incense for spiritual, medical, culinary, and ceremonial purposes as a sacrament to manifest their faith.

In their petition, they also argue that Rastafarians are apolitical and therefore have no political power. They say they are subject to prejudices such as intimidation and searches on their homes because of their use of cannabis.

“It is the Petitioner’s contention that the impugned section clearly show differential treatment on the basis of Religion and privacy perpetuates the culture, stigma and discrimination against the 1st petitioners’ followers through the continued use of archaic laws that violate the rights of the 1st petitioners’ members,” the court document reads.

Lawyers Shadrack Wambui and Alexander Mwendwa said that cannabis was a “sacrament” connecting believers to their “creator”.

They said authorities did not ensure the group’s religious rights were respected and infringed a 2019 high court ruling that said Rastafarians were a religious group and should be treated as one.