Written By Andrew Kariuki
Two Somali teenage boys on Wednesday, 8,October, 2025 pleaded not guilty before the Milimani Law Court to charges of desecrating the Kenyan flag and being unlawfully present in the country.
The court was told that on September 20, 2025, during a football match at Nyayo Stadium, the minors allegedly mishandled the national flag in a manner said to have been intended to breach public peace.
The incident, captured on video, later went viral and sparked widespread public outrage.
In the second charge they are charged with being in Kenya illegally, after they were arrested on September 25 in Eastleigh without valid identification documents. According to probation reports, the two admitted to being in the country without proper papers but claimed they were in the process of legalising their stay when the incident occurred.
Their lawyer, Advocate Ishmael Nyaribo, urged the court to consider rehabilitation instead of criminal prosecution, arguing that the minors had cooperated fully and that the Constitution calls for protection rather than punishment of children.
The magistrate, Hon. Rose Gitau, however, ruled that diversion could not apply in this case as their background information could not be verified from their country of origin. She therefore directed that the plea be taken, after which both minors denied the charges.
The prosecution was ordered to serve the defence with all relevant documents ahead of the next mention on 27, October, 2025, with the hearing set for 17,November, 2025.
The court also referred the case to the duty court for care and protection directions, noting welfare concerns surrounding the minors.
