The Kenyan government has released two Somali youths on bail of Sh50,000k (US$387.15) who were arrested for allegedly desecrating the Kenyan flag.
The minors were handed over to their Kenyan relatives and were told to produce the two children in court whenever required.
The judge added that their release documents will be signed by two sureties, one of whom is a Kenyan.
The youths have not yet appealed the three charges brought against them by the Director of Public Prosecutions (DPP) Renson Ingonga.
Their trial is awaiting the submission of a report from a probation officer to verify their age, and a report from a child welfare officer (CBO) to determine whether they attended school and the reasons for their arrival in Kenya.
Magistrate Gitau also directed the office to verify whether the two boys, aged 14 and 17, were in Kenya.
Reports said the court will hear the charges against the minors on October 8, 2025, when they will be charged.
They face charges of being in Kenya illegally, desecrating the national symbol – the Kenyan flag – and causing rioting. The magistrate noted that while the charges are serious and involve immigration laws, the minors have not yet appealed.
The two children who were detained at the Gigiri Police Station Child Protection Unit do not understand either English or Kiswahili. The judge ordered that a court interpreter be provided for them.
Defence lawyer Ismael Nyaribo informed the court that the boys’ mothers had travelled from Somalia to assist the court in seeking justice and to secure custody of their children.
“Pending age assessment and juvenile reports, the two suspects will remain at the Gigiri Police Station CPU for four days,” the judge ruled.
This followed an application by the prosecution which argued that the actual ages of the accused had yet to be confirmed by the Eastleigh Children’s Office in Nairobi.
Mr Nyaribo told the court that the boys were innocent.
“They were simply playing football and had no malicious intent to desecrate the flag,” he said.
He added that this will not be a conflict between Kenya and Somalia, stressing that the youths are in Kenya to visit their relatives.
