Kenya now wants the dispute over the maritime border with Somalia to be withdrawn from the International Court of Justice (ICJ) and resolved through bilateral negotiations.
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This comes days after Kenya decided not to take part in the maritime delimitation case in court.
In a statement sent to news outlets, the Foreign Ministry insisted that Somalia should only normalize its relations with Kenya following their ‘unprovoked and unjustified’ decision to sever diplomatic relations.
“… Kenya reached the decision not to participate in the hearings and remains adamant that this dispute be withdrawn from court and resolved through bilateral negotiations,” the statement read.
Kenya had informed the court that any insistence on its participation in cases violated her right to a fair hearing and that she would only attend if given ample time to prepare her case.
“Kenya has collected and continues to gather significant additional evidence in this case. Such evidence will only be of value if Kenya is given ample opportunity to prepare it for proper and effective presentation to the Court. The current timelines – and in the context of the pandemic – have not given Kenya such an opportunity, “the statement added.
The ministry further said that the ICJ had not understood that Covid-19 was hitting when Kenya had just recruited a new legal team and as such they have not had any preparatory meetings and engagements.
“The seriousness of the case requires correct and sufficient preparation. “In Kenya’s view, it would be difficult to engage in a complex case with far-reaching consequences without such proper and adequate preparation,” the statement said.
“These and other related issues have forced Kenya to step back from the court and to continue to insist that the resolution of this border dispute belongs in the rightful place on the bilateral and / continental platform.”
The ministry further said that influential third-party commercial interests are promoting the cause and this threatens to destabilize the peace and security of an already fragile region.
This, it is said, is evident from the speed with which the case was rushed to court and the players involved in the dispute, pointing to a well-organized strategy of pitting the countries against each other.
“Influential third parties intend to use instability in Somalia to promote predatory commercial interests with little regard for peace and security in the region … Kenya has from the outset started for a diplomatic solution,” the statement added.
It noted that Kenya’s preference for negotiations reflects the African Union’s border program, which encourages states to resolve disputes through bilateral negotiations or within the African Union’s peace and security architecture.
In addition, the ministry has warned that any consideration of Somalia’s border demands sets a dangerous precedent, as it will not only reward the neighboring country’s warlike behavior, but also have the potential to disrupt already established borders.
In particular, the border between Kenya and Somalia has been respected by both countries until 2014, when Somalia tried to withdraw from the agreement by going to court.
“The government and the people of Kenya feel betrayed that Somalia had brought the case before the ICJ after rejecting a maritime border to which it had given its consent for over 35 years. “Somalia has encouraged hostility towards Kenya and actively contributed to the climate, which encourages attacks on Kenyan civilians and forces in Somalia and even threatens their ability to continue to support Amisom,” the ministry said.
Similarly, the ministry said the decision not to participate in the ongoing maritime delimitation case was informed by the procedural injustice in court.
Through a letter to Philippe Gautier, the Secretary of Justice at the ICJ, Kenya again stated that it should not have been dragged to the Court by Somalia solely because of her resurgent expansionist agenda.
Kenya also quoted Somali citizen, Judge Abdulqawi Yusuf, who sits in the ICJ.
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