Kenya Police vs Mogadishu City: Why 2 Boys Accused of Flag Desecration Will Sit Out Nyayo Stadium Return Leg

Two underage children from Somalia who were arrested for allegedly desecrating the Kenyan flag will remain in custody for four days pending investigations, age verification, and a juvenile report. 

The boys, aged 14 and 17, are being detained at the Child Protection Unit (CPU) at the Gigiri Police Station in Nairobi.

They are set to be produced before the Milimani Children’s Court on October 4, 2025, when they will know whether they will face formal charges. 

The court’s decision followed a request by the prosecution that the true ages of the boys be ascertained and a report on their background prepared.

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The magistrate issued orders directing that the boys be kept at the Gigiri CPU and their passports be retained by the court administrator until the case is determined.

“These two children will be remanded at the Gigiri Police Station Child Protection Unit (CPU) until October 4, 2025,” the trial magistrate directed.

The court deferred plea-taking until the Children’s Bureau Office (CBO) submits a report describing the boys’ family relationship and purpose of stay in Kenya. The magistrate also ordered that the minors undergo medical age assessment by a government doctor.

The prosecuting counsel said the “true ages of the two suspects had not been availed from the Eastleigh Children’s Office, Nairobi,” adding that a proper report was necessary before the boys could be called upon to answer to the charges.

Lawyer Ishmael Nyaribo, representing the boys, argued that the incident was a misunderstanding

“They are innocent as they were just playing football and had no ill motive in desecrating the flag,” Mr Nyaribo told the court as per Nation.

“This matter should not have escalated this much as the children should have been taken to the Children's office and explained the meaning of the Kenyan flag.”

The magistrate questioned whether the suspects’ relatives were present in court, to which Nyaribo confirmed, “Yes, the aunties and uncles of the two are in court.” He clarified that the boys were distant relatives in Somalia.

Nyaribo opposed a request by the prosecution to remand the minors at Kamiti Maximum Prison, stressing that “it would not augur well to send minors to a high detention security camp.”

He requested that the court allow the relatives to deposit sureties to ensure the boys appear for trial.

While at the Gigiri CPU, the magistrate granted permission for the boys’ relatives and lawyer to visit them. 

The case will be mentioned again on October 4, 2025, when the court is expected to receive the age assessment and juvenile report before deciding whether to proceed with the charges.