Explainer: What the law says about desecration of Kenyan flag
Few Kenyans realise that strict rules under the National Flag, Emblems and Names Act govern how the flag can be flown, displayed, or worn.
The Kenyan flag is more than a symbol of unity and pride; it is protected by law, and misuse could land you in jail.
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A recent viral video of Mogadishu FC supporters desecrating the Kenyan flag after a clash with Kenya Police FC at Nyayo Stadium has stirred public debate, with many Kenyans questioning whether the act was disrespectful or even illegal.
Few Kenyans realise that strict rules under the National Flag, Emblems and Names Act govern how the flag can be flown, displayed, or worn.
The law, first enacted in 1963 and later revised, was designed to preserve the dignity of the flag and other state symbols such as the coat of arms, the public seal, and the national anthem.
Where the Flag can be flown
The law makes it clear that the flag is not an ordinary item that anyone can freely use.
It cannot be displayed on private premises except during public holidays or on occasions authorised by the president.
Regulations issued in 1965 also state that the flag cannot be flown on motor vehicles, except those belonging to top state officials such as the President, Deputy President, Chief Justice, Speaker of the National Assembly, Cabinet Secretaries, and the Attorney General.
Penalties for Misuse
Anyone who displays a flag or banner that falsely represents Kenya or any part of the country is guilty of an offence. The punishment is a fine of up to Sh5,000, imprisonment of up to six months, or both.
Those who wear the National Assembly badge or its likeness without being members of Parliament also face fines of up to Sh2,000, two months in jail, or both.
Commercial use prohibited
The Act forbids using the national flag for commercial purposes or profit. The government has stressed that the flag is a national emblem whose dignity must always be safeguarded.
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