Two Somali minors on Wednesday pleaded not guilty before a Nairobi court to charges of insulting the Kenyan flag and being unlawfully present in the country.
The minors are facing charges of offensive conduct contrary to the law after they allegedly stepped on the Kenyan flag at Nyayo Stadium on September 20, 2025, “in a manner intended to breach peace among Kenyan citizens.”
They are also facing a second count of being unlawfully present in Kenya after they were arrested at Eastleigh estate on September 25 without proper documentation.
According to probation reports, the two were found with illegal documents and admitted to being in Kenya without valid papers.
They told the court that they were in the process of legalising their stay when the incident occurred.
Their parents said they were agreeable to the diversion process, but the magistrate noted that the case did not qualify since their prior records could not be verified from their country of origin.
Defence counsel Ishmael Nyaribo thanked the court for its handling of the case.
“We appreciate how the children have been handled, even in remand. They have been treated in a manner they deserved,” Nyaribo said.
Nyaribo urged the court to consider rehabilitation instead of criminalisation.
“The writers of the Constitution intended that children be protected. We ask the court to find the best method to integrate them back into society.”
The lawyer further pleaded that the plea not be taken, arguing that taking the plea at this stage will make the children feel insensitive to how the adult society is handling them.
However, the magistrate Rose Gitau ruled that the minors had met all the necessary requirements for plea taking.
“The children have qualified in most of the tests, though I am not sure the juvenility tests have been fully passed,” she said.
“They admit to the offence, but since their background cannot be confirmed from their country of origin, the matter cannot proceed under diversion,” she added.
The magistrate ordered the plea to be taken, after which the minors denied the charges.
The prosecution was directed to serve the defence with all documents they intend to rely on.
The case will be mentioned on October 27, 2025, and scheduled for a hearing on November 17, 2025.
The magistrate also directed that the case be placed before the duty court for directions on care and protection, noting there were issues that need intervention regarding the welfare of the children.
The teenagers, aged between 14 and 17, were arrested following the circulation of a viral video on September 20, 2025, showing fans mishandling the Kenyan flag during a football clash between Mogadishu City Club and Kenya Police FC at Nyayo Stadium.
In the footage, several supporters were seen stomping, kicking, and tossing the national flag.
One individual was captured rubbing it against his crotch, while another, dressed in a Somali sarong, was seen grabbing the flag from a Police FC fan before throwing it to the ground.
The clips sparked widespread public outrage and prompted swift investigations by authorities.
Interior Cabinet Secretary Kipchumba Murkomen condemned the act, describing it as “regrettable” and directed security agencies to arrest and prosecute those responsible.
Murkomen further warned that foreigners found culpable would face deportation, emphasising that the Kenyan flag must be treated with the utmost respect as a national symbol.
