Kenya protests against ICJ’s jurisdiction over maritime dispute with Somalia

The leader of the majority party Aden Duale and leader of the minority party John Mbadi yesterday submitted a motion to the parliament; during the 12TH meeting of 3rd parliament session; to engage with the Federal government of Somalia and resolve the boundary dispute for the benefit of both countries and the region, through diplomacy and dispute resolution mechanisms available under African Union (AU), Intergovernmental Authority for Development (IGAD), and East African Community (EAC).

According to the motion statement, Kenya wants the United Nations to be aware that the Republic of Kenya’s protest against the assertion of jurisdiction by the International Court of Justice over the maritime boundary conflict between the Federal Republic of Somalia and the Republic of Kenya:

“Kenya’s expresses reservation to jurisdiction made in 1965 and the provisions of Kenya’s Maritime Zones Act to delimit the maritime boundary through the agreement as envisaged by UNCLOS,” reads the statement in part.

The statement also notes that the Federal Government of Somalia has not raised any objection with the boundary as established until 2014, when she put forth a claim of a part of Kenya’s maritime zone, by filing a case against Kenya at the International Court of Justice (ICJ) without giving an opportunity for negotiations or any other alternative dispute resolution mechanism including negotiations as provided for under UNCLOS of which both the Republic of Kenya and the Federal Republic of Somalia are signatories.

In constitutional mechanisms, Kenya is prepared to protect its territory, including deploying the Kenya Defence Forces to the subject boundary to undertake the responsibility of protecting the sovereignty and territorial integrity of the Republic as stipulated under Article 241(3) of the constitution.