Minors accused of flag desecration released on bail

A Nairobi court has ordered the release of two minors accused of desecrating the Kenyan flag during a CAF Champions League match, after directing that they be freed on cash bail of Sh50,000 each with two sureties.

One surety must be a Kenyan citizen.

The matter, which has drawn wide public interest, came up for mention on Thursday after the prosecution admitted that probation and social inquiry reports had not yet been presented.

The Office of the Director of Public Prosecutions (ODPP) confirmed that the minors had already been interviewed, but the report was still pending.

The prosecutor, however, urged the court to allow plea-taking to proceed, saying the offence was serious and further delay would frustrate the course of justice.

She further opposed their release on bond, arguing that it posed risks to their safety and could derail the trial.

Defence lawyer Ishmael Nyaribo, however, urged the court to release the boys to their relatives, stressing that keeping them in custody without the reports would amount to a violation of their rights under the Children Act.

“These are minors who need to continue with school. Holding them longer in custody would not only be harmful but also abuse their rights,” he said, adding that the incident happened in the heat of the football match.

The defence further noted that one of the minors’ mothers had flown into Kenya for the proceedings and, together with their uncle Mohammed Ali, who was a Kenyan citizen present in court, would serve as suitable guarantors.

The child officer present also confirmed that she had no objection to the children being released to their guardians.

In her ruling at the Milimani Children’s Court, the magistrate confirmed that the minors would not take a plea until the probation report is filed, but directed their release on bail.

The court ordered that their passports remain deposited with the court and that their guardians ensure they attend both court sessions and probation interviews.

The two were arrested after a viral video showed fans mishandling the Kenyan flag during the CAF Champions League match between Mogadishu City Club and Kenya Police FC on September 20.

The footage sparked public outrage after one fan was seen rubbing the flag against his crotch while another, dressed in a Somali sarong, grabbed it from a Police FC supporter before discarding it.

The case will be mentioned on October 8, when the probation and social inquiry reports are expected to be filed.