Former Law Society of Kenya (LSK) President Nelson Havi has announced plans to challenge the legality of Kenya’s marijuana prohibition. He intends to file a constitutional petition seeking to decriminalize the cultivation, processing, sale, and use of cannabis in the country.
In a statement released on Sunday, Havi emphasized that he would take legal action in the coming week, arguing that current laws banning marijuana are unconstitutional. However, he did not specify the exact date for the filing of his petition.
“I will, in the coming week, file a constitutional petition to declare all sections of the law criminalizing the growing, processing, sale, and use of marijuana as unconstitutional,” Havi stated.
This is not the first time the issue of marijuana legalization has been a topic of discussion in Kenya. During the 2022 General Election campaign, Roots Party presidential candidate George Wajackoyah strongly advocated for the legalization of marijuana, asserting that it could significantly boost the country’s economy.
Wajackoyah argued that the cultivation of marijuana, particularly in regions like Nyeri County, could generate substantial revenue, even suggesting that it could help clear Kenya’s national debt. According to his estimates, an acre of marijuana could yield up to KSh 8 million per harvest.
“The entire Nyeri County covers 583,000 acres. If we cultivated marijuana there, residents would earn $45 billion (approximately KSh 4.6 trillion) per harvest,” he claimed. “Since marijuana is harvested twice a year, this would amount to $92 billion (around KSh 9.2 trillion) annually.
Wajackoyah further linked the potential benefits of marijuana farming to Kenya’s historical economic growth, particularly in the Mount Kenya region, which was built on the cultivation of cash crops like coffee and tea.
He noted that, prior to 1923, indigenous Kenyans were prohibited from growing these crops, but once allowed, they significantly contributed to the region’s wealth.
Despite such arguments, cannabis remains a controlled substance under international law. It is classified under the Single Convention on Narcotic Drugs of 1961, the Convention on Psychotropic Substances of 1971, and the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988.
Havi’s legal challenge, if successful, could set a precedent and open discussions on the potential benefits and risks of marijuana legalization in Kenya. His petition is expected to ignite renewed debate on the issue in both legal and political circles.
