Kenya wants border dispute case with Somalia dismissed

The Kenyan government on Monday, September 19 urged the United Nations International Court of Justice (ICJ) at The Hague to throw out the Kenya-Somalia maritime border dispute case citing a breach in a Memorandum of Understanding between the two countries.

Leading a high-powered delegation in the case, Attorney General Githu Muigai told the court that Somalia is defaulting a 2009 agreement to resolve the dispute surrounding the more than 100,000 square km ocean territory owing to a memorandum of understanding between the two countries to resolve the border dispute diplomatically.

In the Memorandum of Understanding between Kenya and Somalia concluded in Nairobi on April 7, 2009, the two parties agreed to delimit the maritime boundary by negotiation, and not by recourse to the Court, and to finalize an agreement only after the UN Commission on the Limits of the Continental Shelf has established the outer limits of that maritime boundary.

In his argument, the AG asserted that the agreements with Somalia must be performed in good faith adding that Somalia cannot repudiate its obligations and then portray itself as a victim of Kenya.

In the case, Somalia wants the maritime border to continue along the line of the land border to the South East, while Kenya wants the sea border to go in a straight line east.

Should the government lose the case, Kenya stands to lose three oil blocks located in the disputed area.

Among the legal team representing Kenya is French lawyer, Prof Mathias Forteau, Prof Payam Akhavan (American), Prof Vaughan Lowe QC (British), Prof Alan Boyle (British), Karim A. A. Khan (British) and Ms Amy Sanders (British).