Two Somali minors appeared in a Nairobi court this week, denying charges that they disrespected the Kenyan flag and stayed in the country without legal authorization.
The boys are accused of stepping on the national flag at Nyayo Stadium on September 20, 2025, in a manner that allegedly aimed to provoke public anger and disrupt peace.
They also face a second charge of unlawful presence after being arrested in Eastleigh estate on September 25, reportedly lacking valid identification or travel documents.
Probation reports submitted in court indicated that the minors had falsified papers and admitted being in Kenya without proper documentation, although they told the court they were in the process of regularizing their stay when the flag incident occurred.
The court heard that the parents of the boys were open to a diversion program that could allow rehabilitation rather than prosecution. However, Magistrate Rose Gitau said such an alternative could not be considered because the children’s past records from Somalia could not be verified.
Defence lawyer Ishmael Nyaribo praised the court for the way it handled the case, particularly during the children’s remand.
“We appreciate how the children have been handled, even in remand. They have been treated in a manner they deserved,” he said, adding that the court should focus on reformative measures instead of criminal punishment. “The writers of the constitution intended that children be protected. We ask the court to find the best method to integrate them back into society,” Nyaribo said.
Magistrate Gitau rejected a defence request for the minors to defer their plea and confirmed that the case would proceed. She also instructed the prosecution to provide the defence with all relevant documents intended for use during the trial.
The matter is set for mention on October 27, 2025, with the full hearing scheduled for November 17.