Ask a lawyer:
Does the law prohibit flying the flag sometimes
M-Wakili's Response
The law in Kenya does indeed prohibit the flying of the national flag on certain occasions. This is governed by the National Flag, Emblems and Names Act, Cap. 99 of the Laws of Kenya.
1. The National Flag, Emblems and Names Act, Cap. 99
The National Flag, Emblems and Names Act, Cap. 99, was enacted in 1963 to regulate the use of the national flag and other emblems, names, words, and likenesses for professional and commercial purposes. The Act aims to prevent the improper use of these symbols and to ensure that they are displayed with respect and dignity.
2. Restrictions on Flying the National Flag
The Act outlines specific restrictions on flying the national flag, including:
Non-Government Premises: The Act prohibits the flying or displaying of the national flag on non-government premises outside of public holidays or other specified occasions as may be notified by the President. (Source: https://mpasho.co.ke/lifestyle/2024-07-17-explainer-what-the-constitution-says-about-an-average-citizen-flying-the-kenyan-flag/ ↗)
Private Residences: The Act also limits Kenyans from hanging the flag inside their house or flying it within their residences. (Source: https://whownskenya.com/what-the-law-says-about-flying-a-kenyan-flag-in-your-house-car/ ↗)
Vehicles: The Act prohibits the flying of the national flag on a motor vehicle unless authorized by the President. (Source: http://www.kenyalaw.org:8181/exist/rest//db/kenyalex/Kenya/Legislation/English/Acts%20and%20Regulations/N/National%20Flag%20Emblems%20and%20Names%20Act%20Cap.%2099%20-%20No.%2044%20of%201963/docs/NationalFlagEmblemsNamesAct44of1963.pdf ↗)
3. Case Laws
There are no specific case laws directly addressing the restrictions on flying the national flag in Kenya. However, the Act itself provides a clear legal framework for regulating the use of the national flag.
4. Conclusion
The law in Kenya does prohibit the flying of the national flag on certain occasions. The National Flag, Emblems and Names Act, Cap. 99, outlines specific restrictions on flying the national flag, including on non-government premises, private residences, and vehicles. While there are no specific case laws directly addressing these restrictions, the Act itself provides a clear legal framework for regulating the use of the national flag.
TLDR
The law in Kenya prohibits flying the national flag on non-government premises, private residences, and vehicles unless authorized by the President.
Answered by mwakili.com