Nairobi — A viral video of Mogadishu City Club fans desecrating Kenya's national flag during a CAF Champions League match in Nairobi has sparked outrage and shone a spotlight on a little-known law. Here's what you need to know.
What happened?
During last weekend's game against Kenya Police FC at Nyayo Stadium, fans were filmed kicking the Kenyan flag. One of them went further, using it to rub against his private parts. Police have since arrested a 17-year-old boy over the act.
What law governs the flag and anthem?
Follow us on WhatsApp | LinkedIn for the latest headlines
The National Flag, Emblems and Names Act (Cap 99) sets strict rules on how the flag, national anthem, and other state emblems should be treated.
Is insulting the flag or anthem an offence?
Yes. Section 2B makes it illegal for:
"Any person who shows disrespect, in speech, manner or writing, to or with reference to the National Anthem, or to any specified emblem, specified likeness or specified name, or any representation thereof."
What are the penalties?
- A fine not exceeding Sh5,000
- Or up to six months in jail
- Or both
This covers acts like stomping on the flag, mocking the anthem, or publicly insulting state emblems.
Can the flag be used commercially?
Only with written permission from the minister in charge.
- Using the flag or coat of arms in ads, trademarks, or company names is banned.
- Importing or selling goods with these symbols without approval is also illegal.
- Exceptions exist for news reporting.
Penalties are the same: fine or jail.
Are unofficial flags allowed
No. The law bans displaying flags or banners that claim to represent Kenya (or parts of it) unless they are officially recognized.
Who decides on prosecutions?
The Attorney-General must give written consent before anyone can be charged. This safeguard prevents misuse of the law for political or trivial cases.
Do police have special powers?
Yes. Police can search premises and seize items suspected of being used in violation of the Act. A magistrate may order these items forfeited.
Why does this matter?
Though the fine may seem small, the law underscores the symbolic importance of Kenya's national flag, anthem, and emblems. They represent the country's unity and sovereignty, and disrespect is seen as an attack on national identity.
What have officials said?
Sign up for free AllAfrica Newsletters
Get the latest in African news delivered straight to your inbox
Interior CS Kipchumba Murkomen condemned the incident calling for police action:
"I urge the Inspector General of Police to ensure the law takes its course."
Police IG Douglas Kanja responded terming the incident "extremely serious":
The incident is "extremely serious" and under investigation.
Mogadishu City Club has since apologized, condemning the fans' behaviour and pledging respect for Kenya.
