Ask a lawyer:
Why do schools fly the flag yet it is illegal?

Table of Contents

1. Introduction

2. The Kenyan Flag

3. The National Flag of Kenya Act

4. The Education Act

5. Conclusion

Introduction

This response will address the question of why schools fly the Kenyan flag despite the apparent illegality of doing so. It will analyze the relevant legal provisions governing the display of the Kenyan flag and the education system in Kenya.

The Kenyan Flag

The Kenyan flag is a symbol of national unity, pride, and sovereignty. It is a representation of the country's history, culture, and aspirations. The flag is a rectangular piece of cloth with black, red, and green horizontal stripes, with a white triangle at the hoist side bearing a red Maasai shield and two spears crossed in the center. The black stripe represents the people of Kenya, the red stripe represents the blood shed for the country's independence, the green stripe represents the country's natural resources, and the white triangle represents peace and unity.

The National Flag of Kenya Act

The display of the Kenyan flag is regulated by the National Flag of Kenya Act, Cap. 11 of the Laws of Kenya. This Act outlines the proper procedures and protocols for displaying the flag, including its size, shape, and placement.

Section 4 of the Act states:

"No person shall, without the authority of the Minister, display any flag, emblem, or device which is so similar to the National Flag as to be likely to be mistaken for the National Flag."

This section suggests that the display of the Kenyan flag is generally restricted to authorized individuals or entities.

The Education Act

The Education Act, Cap. 210 of the Laws of Kenya, governs the education system in Kenya. It outlines the roles and responsibilities of various stakeholders in the education sector, including schools.

Section 3 of the Act states:

"The purpose of education in Kenya is to develop the individual fully and harmoniously in body, mind and spirit, and to prepare him or her for a useful and responsible life in a free and democratic society."

While the Act does not explicitly mention the display of the Kenyan flag in schools, it emphasizes the importance of instilling national values and patriotism in students.

Conclusion

The apparent contradiction between the National Flag of Kenya Act and the practice of schools flying the Kenyan flag arises from the lack of specific provisions in the Education Act regarding the display of the flag. While the National Flag of Kenya Act restricts the display of the flag to authorized individuals or entities, the Education Act emphasizes the importance of national values and patriotism in education.

It is possible that the practice of schools flying the Kenyan flag is considered an implicit part of promoting national values and patriotism, even though it may not be explicitly authorized by the National Flag of Kenya Act. However, it is important to note that the legal status of this practice remains unclear and may be subject to interpretation.

In conclusion, while the National Flag of Kenya Act restricts the display of the flag to authorized individuals or entities, the practice of schools flying the Kenyan flag is likely considered an implicit part of promoting national values and patriotism. However, the legal status of this practice remains unclear and may be subject to interpretation.