Following the announcement that the United Nations’s highest court is due to begin hearings on a maritime boundary dispute between Somalia and Kenya today, Kenya has shocked everyone by disclosing that it has decided to withdraw from the legal challenge.
On Sunday, Kenyan newspapers reported that the government in Nairobi had decided on the 11th hour not to take part in Monday’s proceedings, citing “perceived bias and unwillingness” of the ICJ “to accommodate requests for the delaying the hearings” as a result of the pandemic.
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At the time of publication, no official announcement had yet been made.
The dispute between the two East African countries stems from a disagreement over which direction their border extends into the Indian Ocean.
Somalia argues its maritime boundary should run in the same direction as the southeasterly path of the country’s land border. In contrast, Kenya claims the border should take a roughly 45-degree turn at the shoreline and run in a latitudinal line. This gives Kenya access to a larger share of the maritime area.
Apart from fishing, the disputed area – about 100,000 square kilometres – is thought to be rich in oil and gas, with both countries accusing each other of auctioning off blocks before a ruling by the court.
In 2014, Somalia asked the ICJ to rule on the case after out-of-court negotiations between the two countries aimed at settling the dispute broke down.
In February 2017, the court ruled it had the right to adjudicate on the case as judges rejected Kenya’s claim that a 2009 agreement between the neighbors amounted to a commitment to settle the matter out of court, stripping the ICJ of jurisdiction.
In June 2019, the ICJ said public hearings would take place between September 9 and September 14 of that year, before pushing the start date to November 4 after granting a request by Kenya that said it needed time to recruit a new legal team.
The Kenyan side appealed the November dates, saying it needed up to a year. The ICJ then moved the hearings to June 2020, but Kenya then requested another postponement, this time citing the pandemic. The UN delayed the hearing till March 2021.
In January, Kenya wrote to the ICJ requesting the hearing be delayed for a fourth time, claiming a map with crucial information that was set to be presented as evidence in the case has disappeared. Somalia protested against such a move, and the ICJ said earlier this month that the hearings would commence on March 15.
AFRICA TODAY NEWS, NEW YORK