A new campaign is gaining ground to spare drug users from imprisonment and instead provide them with health support, while also advocating for the legalisation of marijuana through regulation and policy.
This approach, known as the harm reduction strategy, is the result of extensive dialogue involving government leaders, law enforcement, public health experts, civil society, academia, and individuals with lived experience of drug use.
Proponents argue that current legislation is inadequate and that anti-drug measures must go beyond criminalisation, incarceration, stigma, and exclusion. They call for prioritising public health access, respect for human rights, the fight against stigma and discrimination, and the reduction of violence in addressing drug use.
Experts assert that harm reduction and decriminalisation—the removal of criminal penalties—should guide drug policy.
In Kenya, possession and trafficking of hard drugs, including marijuana, carry penalties of up to 20 years in prison and/or heavy fines, including the forfeiture of proceeds from the narcotics trade. Despite these harsh laws, Kenya remains a regional trafficking hub, signalling that punitive measures have not deterred the illicit business.
President William Ruto has acknowledged the limitations of prohibitionist policies.
“Prohibitionist policies have not effectively disrupted illicit markets. In fact, they often exacerbate harm by alienating those most in need of help,” he said.
The movement argues that drug users—not traffickers or drug lords—suffer the most from harsh criminalisation. While wealthy dealers can manipulate the justice system, users are left to bear the full weight of the law.
Leading the charge is the Eastern and Southern African Commission on Drugs (ESACD), chaired by former South African President Kgalema Motlanthe. Other members include former presidents Joaquim Chissano of Mozambique and Cassam Uteem of Mauritius, as well as Kenya’s retired Chief Justice Willy Mutunga.
Founded in February 2023, ESACD aims to influence drug policy reform by raising awareness, reviewing laws, and promoting evidence-based policies. The Commission also works to mobilise public opinion for action at all levels.
During the launch of its annual report in Nairobi on 16 June 2025, Interior Cabinet Secretary Kipchumba Murkomen—speaking on behalf of President Ruto—affirmed ESACD’s commitment to tackling the region’s drug challenges.
ESACD says it has embarked on “a journey rooted in a powerful conviction: that the region can confront the challenges posed by the escalating illicit drug trade and use through informed dialogue, heightened public awareness of the risks, and evidence-based policy recommendations.”
The report reflects expert support for legalising marijuana in Eastern and Southern Africa through policies and regulations tailored to each country’s specific context.
“This drive is rooted in evidence, guided by public health imperatives, grounded in effective law enforcement and, above all, centred on people—respecting and upholding their rights and dignity,” says ESACD, describing the report as an “action plan.”
Motlanthe expressed optimism about the potential for lasting change:
“Meaningful reform is within reach, and together—through collaborative responsibility and bold leadership—we can achieve actionable, sustainable, evidence-based, and humane drug policies. The path ahead is challenging, but it is also filled with promise. And we are confident that, united in understanding and determination, the Eastern and Southern region can, and will, rise to meet the challenges.”
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