The minors, aged 14 and 17, appeared before the Milimani Children’s Court on Thursday but did not take a plea after the prosecution indicated that no documents had been filed to confirm their ages.
The Children’s Office in Eastleigh had not prepared the required social inquiry report.
“The plea should be deferred to allow an age assessment and social inquiry report to be filed before the matter proceeds,” prosecutor Leah Ngatia told the court.
Ngatia requested the court to order an age assessment and keep the teenagers in a government facility until the reports are filed, arguing that the offences were serious and custody would serve their best interests during investigations.
Defence counsel Ishmael Nyaribo did not oppose the deferment but objected to holding the minors at Kamiti Youth Facility.
He argued it would be “a mistake” to expose them to hardened offenders, urging that they be released to their relatives or, if custody was necessary, placed in a child-friendly environment such as Gigiri Police Station or under community care.
“These are not children we can put in the line of criminality,” Nyaribo said.
“The children may have gone to the extreme in stepping on the Kenyan flag, and while that is unacceptable, they must be corrected properly since they are still kids.”
In her ruling, Principal Magistrate Rose Gitau directed that the teenagers be held at the Gigiri Child Protection Unit.
She also ordered their passports to remain in the custody of the court administrator.
Families will be allowed access as the Children’s Office prepares a detailed report within four days covering their age, family ties, nationality, and circumstances of stay in Kenya.
“Before a plea can be taken, a proper report from child-related institutions should be presented to the court,” the magistrate said.
The case will be mentioned again on October 2, when the suspects are expected to take a plea.
The pair were arrested following the circulation of a viral video on September 20, 2025, showing fans mishandling the Kenyan flag during a CAF Champions League clash between Mogadishu City Club and Kenya Police FC.
In the footage, supporters were seen stomping, kicking, and tossing the flag, with one individual rubbing it against his crotch and another, dressed in a Somali sarong, grabbing it from a Police FC fan before throwing it down.
The clips sparked widespread outrage and led to swift arrests.
Interior Cabinet Secretary Kipchumba Murkomen condemned the act as “regrettable” and directed that those involved be arrested and prosecuted, warning that foreigners implicated in the incident would also face deportation.
