A recent incident involving the desecration of Kenya’s national flag during a CAF Champions League match in Nairobi has sparked widespread outrage and highlighted a little-known law governing the flag and national anthem. The incident occurred during a game between Kenya Police FC and Mogadishu City Club at Nyayo Stadium, where fans were filmed kicking the Kenyan flag, with one individual using it to rub against his private parts. A 17-year-old boy has since been arrested in connection with the act.
The National Flag, Emblems and Names Act, which governs the treatment of the flag, national anthem, and other state emblems, sets strict rules and penalties for disrespecting these symbols. According to the Act, insulting the flag or anthem is an offense, punishable by a fine of up to Sh5,000, imprisonment for up to six months, or both. This includes acts such as stomping on the flag, mocking the anthem, or publicly insulting state emblems.
The law also regulates the commercial use of the flag, requiring written permission from the minister in charge for any such use. Using the flag or coat of arms in advertisements, trademarks, or company names without approval is banned, with exceptions for news reporting. Additionally, the law prohibits the display of unofficial flags or banners that claim to represent Kenya or parts of it, unless they are officially recognized.
The Attorney-General must give written consent before anyone can be charged under the Act, providing a safeguard against misuse of the law for political or trivial cases. Police have the power to search premises and seize items suspected of being used in violation of the Act, with a magistrate able to order these items forfeited.
The incident has been condemned by officials, including Interior CS Kipchumba Murkomen, who called for police action, and Police IG Douglas Kanja, who termed the incident “extremely serious” and confirmed that it is under investigation. Mogadishu City Club has apologized for the fans’ behavior, pledging respect for Kenya. The incident underscores the symbolic importance of Kenya’s national flag, anthem, and emblems, which represent the country’s unity and sovereignty.
