A recent incident involving Mogadishu City FC fans mocking
the Kenyan flag during a CAF Confederation Cup match against Kenya Police FC
has reignited debate on how national symbols should be treated and what the law
says about their misuse.
In viral videos, fans were seen desecrating the Kenyan flag,
trampling it, throwing it on the ground, and even rubbing it against their
bodies.
The acts sparked widespread outrage, with many calling for swift legal
action. But what exactly does the law say?
Article 9 of the Constitution of Kenya lists the national
flag, the anthem, the coat of arms, and the public seal as national symbols of
the Republic.
These symbols are not just decorative but represent
sovereignty, unity, and identity.
The Second Schedule of the Constitution even details how the
flag should look: three equal horizontal stripes of black, red, and green
separated by narrow white bands, with a Maasai shield and spears at the center.
Black represents the people of Kenya, red represents the bloodshed
for freedom, green represents the land, and white symbolizes peace.
Beyond the Constitution, the National Symbols, Emblems and
Names Act (CAP 99) spells out the legal consequences of disrespecting the flag.
Section 2(b) of the Act states:
“Any person who shows disrespect, in speech, manner or
writing, to or with reference to the National Anthem, or to any specified
emblem (including the National Flag)… shall be guilty of an offense and liable
to a fine not exceeding five thousand shillings or to imprisonment for a term
not exceeding six months, or to both.”
This means that trampling, burning, or mocking the flag is
not just offensive — it is a criminal act punishable by law.
Interior Cabinet Secretary Kipchumba Murkomen and Inspector
General of Police Douglas Kanja have both ordered investigations into the Nyayo
Stadium incident, warning that such acts will not go unpunished.
“Hatutakubali mtu yeyote, iwe Mkenya ama mgeni, kucheza na
bendera yetu. Our symbols of unity must be respected,” Murkomen said.
Somalia’s ambassador to Kenya, Jabril Ibrahim Abdulle, also
condemned the acts, terming them regrettable and contrary to the spirit of
friendship between the two countries.
In Kenya, unlike in countries such as the US, where flag
burning is sometimes protected as free speech, dishonoring the national flag is
a criminal offense.
The law is clear: the Kenyan flag must be respected at all
times, whether in sport, protest, or public gatherings.
