A video of Mogadishu FC supporters playing with a Kenyan flag after their clash with Kenya Police FC at Nyayo Stadium has stirred debate online, with many Kenyans questioning whether the act was disrespectful and if it broke the law.

The flag is more than just a piece of cloth; it is a protected national symbol, and its use is strictly guided by legislation.

The Kenyan flag is one of the most recognisable national symbols, carrying deep historical, political, and cultural meaning. 

Because of its importance, its use is guided by the National Flag, Emblems and Names Act (Cap. 99), a law that outlines what citizens can and cannot do with the flag. 

The legislation, first enacted in 1963 and later revised, was designed to protect the dignity of the flag and other state symbols such as the coat of arms, the public seal, and the national anthem.

The Act makes it clear that the national flag is not an ordinary item that anyone can freely use. Its use is restricted in several ways, and misuse can lead to fines, imprisonment, or both. 

For example, the law prohibits the flag from being exploited for commercial purposes. 

This means no business or organisation can use the flag in advertising, logos, product packaging, or trademarks without written permission from the responsible Cabinet Secretary. 

Similarly, importing or manufacturing goods bearing the flag for trade or profit is illegal unless permission has been granted. The intent here is to prevent the flag from being reduced to a marketing tool or a commodity.

The law also controls how and when the flag can be flown. Citizens are not free to raise the flag at will on their private premises. 

According to the subsidiary regulations under the Act, the flag may only be displayed by private individuals on government-recognised public holidays or on occasions that the President has specifically authorised. 

Flying the flag outside these contexts, such as on an ordinary day or at private celebrations, is an offence. 

This underscores the principle that the national flag is reserved for significant national moments, rather than for casual or decorative use.

Restrictions also extend to vehicles. Ordinary citizens are not allowed to fly the national flag on their cars. 

This privilege is reserved for certain high-ranking state officials, including the President, the Deputy-President, the Chief Justice, the Speaker of the National Assembly, ministers, and the Attorney-General. 

The flag, when seen on a vehicle, is therefore intended to signal state authority and not personal pride or prestige.

Respect is another central theme of the Act. Any act of disrespect toward the national flag, whether through speech, writing, or manner, is treated as a criminal offence. 

The law places the flag in the same category as the national anthem and coat of arms, making it clear that these symbols must always be treated with dignity. 

A person found guilty of disrespect faces a fine of up to Sh5,000, imprisonment for up to six months, or both.

The Act also gives power to the CS to issue additional regulations, including prescribing how and by whom the flag may be displayed. 

Police officers are authorised to seize items that misuse the flag, ensuring that the law is enforceable in practice.

The law is clear that misuse or disrespect of the Kenyan flag does not go unpunished. Anyone who insults or shows disrespect to the flag, the anthem, or other state symbols in speech, writing, or behaviour commits an offence. 

If found guilty, the person can be fined up to five thousand shillings, jailed for a period not exceeding six months, or face both penalties.

The same punishment applies to those who use the flag for commercial purposes without authorisation. This includes printing it on merchandise, using it in logos, advertisements, trademarks, or importing goods that carry its likeness. 

In all these cases, the law intends to protect the flag from being commercialised or trivialised.

An individual who flies the flag on their business premises or vehicle without authorisation faces fines of up to Sh2,000, imprisonment for a term not exceeding two months, or both.