Court Grants Bail to Minors Accused of Flag Desecration

The two minors accused of desecrating the Kenyan flag during CAF/ FILE

Two minors facing charges of desecrating the Kenyan flag during Confederation of African Football (CAF) Champions League clash have been granted bail by a Nairobi court.

Milimani Children’s Court Magistrate Gitau on Thursday ordered their release on a cash bail of Sh50,000 each with two sureties, one of whom must be a Kenyan citizen.

The court also directed that their passports be deposited and that their guardians ensure the boys attend all court sessions and probation interviews.

The ruling came after the Office of the Director of Public Prosecutions (ODPP) admitted that probation and social inquiry reports, meant to assess the boys’ backgrounds, were not yet ready despite the two already having been interviewed.

The prosecution had urged the court to proceed with plea-taking, terming the matter serious and arguing that further delay would hinder justice.

However, defence counsel Ishmael Nyaribo successfully pushed for their release, arguing that continued detention would amount to a breach of the minors’ rights under the Children Act.

“These are school-going children who should not be held any longer. Prolonging their custody without the required reports is harmful and unlawful,” Nyaribo told the court.

He stressed that the incident happened in the heat of the football atmosphere and should be seen in that light.

The lawyer further informed the court that the boys’ mother had travelled to Kenya to attend the proceedings and, alongside their Kenyan uncle Mohammed Ali, was ready to act as guarantor.

The children’s officer present said she had no objection to their release.

In her decision, Magistrate Gitau said plea-taking would only proceed after the probation reports are filed. The matter is expected back in court on October 8.

The charges arose from a viral video taken during the September 20 CAF Champions League match between Mogadishu City Club and Kenya Police FC.

In the clip, one fan was captured rubbing the Kenyan flag against his crotch, while another, wearing a Somali sarong, seized it from a Police FC supporter before discarding it.

The footage provoked widespread outrage, with many Kenyans calling for stern action against those involved in what was described as an affront to national symbols.