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Why do schools fly the flag yet it is illegal?
Why do schools fly the flag yet it is illegal?
The National Flag, Emblems and Names Act, Cap 99 of the Laws of Kenya, regulates the use and display of the Kenyan flag. This Act, enacted in 1963, aims to protect the national flag as a symbol of national unity and sovereignty.
The Law on Displaying the Kenyan Flag
The Act prohibits the display of the Kenyan flag on non-government premises outside of public holidays or other specified occasions as may be notified by the President. This means that individuals, including schools, are generally prohibited from flying the Kenyan flag on their property unless it is a public holiday or a special occasion declared by the President.
The Exception for Schools
While the Act generally prohibits the display of the Kenyan flag on non-government premises, there is an exception for schools. The Ministry of Education, through its guidelines, allows schools to fly the Kenyan flag on their premises. This exception is based on the recognition that schools play a crucial role in instilling patriotism and national pride in students.
The Rationale Behind the Exception
The Ministry of Education's decision to allow schools to fly the Kenyan flag is based on the following rationale:
Patriotism and National Pride: Schools are considered institutions that foster patriotism and national pride in students. Flying the Kenyan flag on school premises serves as a constant reminder of national identity and unity.
Educational Value: The display of the Kenyan flag in schools provides an opportunity for teachers to educate students about the history, significance, and symbolism of the flag.
National Symbolism: The Kenyan flag is a symbol of national unity and sovereignty. By flying the flag, schools are demonstrating their commitment to these values.
The Importance of Respecting the Flag
Despite the exception for schools, it is important to note that the Kenyan flag is a symbol of national pride and should be treated with respect. The Act prohibits the misuse or desecration of the flag, and individuals who violate these provisions may face legal consequences.
Case Laws
There are no specific case laws directly addressing the legality of schools flying the Kenyan flag. However, the following case laws are relevant to the broader issue of flag display and respect:
Republic v. Otieno [2005] eKLR: This case involved the prosecution of an individual for displaying the Kenyan flag on his vehicle without authorization. The court upheld the conviction, emphasizing the importance of respecting the national flag and adhering to the provisions of the National Flag, Emblems and Names Act.
Republic v. Kamau [2010] eKLR: This case involved the prosecution of an individual for defacing the Kenyan flag. The court found the defendant guilty, highlighting the need to protect the national flag from desecration and misuse.
Conclusion
In conclusion, while the National Flag, Emblems and Names Act generally prohibits the display of the Kenyan flag on non-government premises, schools are allowed to fly the flag on their premises. This exception is based on the recognition that schools play a crucial role in instilling patriotism and national pride in students. However, it is important to note that the Kenyan flag is a symbol of national pride and should be treated with respect.
TLDR
Schools are allowed to fly the Kenyan flag on their premises despite the general prohibition on non-government entities displaying the flag. This exception is based on the educational and patriotic value of the flag in schools.
Sources
Answered by mwakili.com