Two teenagers have found themselves at the centre of a heated national debate after a viral video showed them mishandling the Kenyan flag during a football match at Nyayo Stadium.
The incident happened on Saturday, September 20, during a CAF Champions League clash between Mogadishu FC of Somalia and Kenya Police FC. The video, which quickly spread online, captured the boys—aged 17 and 14—stepping on the flag and engaging in other acts Kenyans described as disrespectful.
Public outrage followed, with many calling for their arrest. On Thursday, September 25, police confirmed that the two had been taken into custody hours apart.
Their detention, however, has raised questions about how minors should be handled under Kenyan law.
What the Law Provides
Kenya’s Children Act, 2022, and the Constitution both lay out clear guidelines on how the justice system treats children in conflict with the law.
Children between 14 and 17 years can face criminal charges but must be treated under special provisions designed to protect minors.
Those aged 12 to 13 are generally considered too young to fully understand right and wrong, unless the court rules otherwise.
Anyone below 12 years cannot be held criminally liable.
When a child is arrested, police officers are required to inform the parent or guardian immediately, as well as notify the Secretary for Children Services. Within 24 hours, a Children’s Officer must prepare a social inquiry report to guide the next steps.
The Constitution further demands that the best interests of the child be placed first in any decision.
Detention as a Last Resort
Kenyan law discourages locking up minors unless absolutely necessary. Courts and law enforcement are urged to explore alternatives such as diversion programs, family placement, or educational settings.
Diversion allows a child who admits wrongdoing—or is a first or second-time offender—to undergo rehabilitation without being treated like a hardened criminal.
If detention becomes unavoidable, it must be for the shortest time possible and take into account the child’s age, health, and personal circumstances. Importantly, minors cannot be held alongside adult offenders and should be placed in special facilities.
Even when facing charges, children retain their basic rights: the right to legal representation, freedom from torture or degrading treatment, the right to a fair trial, and protection against slavery or servitude.
