What the constitution says about an average citizen flying the Kenyan flag

Protesting Kenyans have been prominently displaying the National Flag as they peacefully march through the streets in recent weeks.

On Tuesday, July 16, a young man named Peter Njogu was arrested in Eldoret while purchasing a flag and a whistle.

He was escorted to a police vehicle where he expressed uncertainty about his release, stating, “I was arrested while buying a flag and a whistle. They have asked me to get in here, saying they want to ask me some questions.”

Kenyans are asserting their right to proudly wear the flag during protests. The Regulations to the National Flag, Emblems, and Names Act Cap 99 of the Laws of Kenya stipulate that flying or displaying the National Flag on non-government premises outside of public holidays or other specified occasions as may be notified by the President shall be guilty of an offence.

The National Flag, Emblems, and Names Act, Cap. 99 Laws of Kenya, enacted in 1963, aims to prevent the improper use of the National Flag and certain emblems, names, words, and likenesses for professional and commercial purposes and prohibits the display of certain flags.

This includes a flag protocol (or flag code), which outlines rules for the display of flags within the country, encompassing national, subnational, and foreign flags.

Additionally, Act No. 32 of 1964 prohibits the flying of the national flag on motor vehicles except by specified officials such as the President, Deputy President, Chief Justice, Cabinet Secretaries, and others in designated capacities.

Violation of this provision constitutes an offense punishable by a fine not exceeding one million shillings or imprisonment for up to five years, or both (Act No. 10 of 2014, s. 3).

Furthermore, the Act prohibits the display of certain flags or banners at any place or premises unless authorized, with penalties including fines up to five thousand shillings, imprisonment for up to six months, or both (Act No. 10 of 2014, s. 3).

Any prosecution under this Act requires the prior written sanction of the Director of Public Prosecutions.