The accused said he relies on cannabis to muster the energy needed for his physically demanding jobs.A man charged with possessing bhang left a Makadara court momentarily stunned after openly admitting that he regularly uses the outlawed substance—insisting it is purely for what he called “medicinal purposes.”
The man, a casual labourer who works at construction sites, appeared before Makadara Senior Principal Magistrate Beatrice Kimemia on Thursday, November 27.
He said he relies on cannabis to muster the energy needed for his physically demanding jobs.
“I cannot function without bhang, and I must use it to get morale,” he told the court.
“My family depends on me to provide, so I must do that work.”
Although he admitted to using the substance, the magistrate asked him to state his plea clearly.
“Unaitikia shitaka ama unakataa? (How do you plead to the charges)?” she asked.
“Naitikia. Mi navuta bhangi si ati ni uongo. Hiyo ni dawa yangu. (I admit. It’s true I smoke bhang. That’s my medicine,” he responded confidently, drawing telling glances from across the courtroom.
Under the Narcotic Drugs and Psychotropic Substances (Control) Act of 1994, cultivation, possession, sale and use of cannabis are prohibited in Kenya and attract heavy penalties.
The law states that anyone who smokes, inhales, sniffs or uses narcotic drugs is liable to a fine of Sh250,000 or a prison sentence of up to 10 years—or both.
The same penalty applies to the cultivation of narcotics, and the law allows forfeiture of the land to the state.
Possession of cannabis carries even stiffer consequences. If a suspect convinces the court that the substance was strictly for personal use, the law prescribes a 10-year jail term.
The penalty rises to 20 years ' imprisonment for any other purpose other than personal use.
For trafficking, offenders face a fine of Sh1 million or three times the drug’s market value, whichever is greater.
However, the Act provides one narrow exception: the penalties do not apply if a person proves the drug was for legitimate medical use and was obtained through a prescription from a registered medical practitioner.
Cannabis prescriptions are not legally recognised in Kenya, meaning the accused faces an uphill task should he attempt to rely on that defence.
The man told the court that his daily job—digging trenches and arranging stones—requires significant physical effort and that he resorts to bhang as a form of self-medication.
“To me, it’s like a herbal medicine,” he said.
Magistrate Kimemia directed that he be remanded in custody until December 10, 2025, when the court will review the facts of the case and set the next course of action.
