Kenya likely to compensate Somalia over oil exploration on disputed sea area

[xiimaaya]

Kenya could be forced to compensate Somalia over oil exploration on a disputed sea area if the neighbouring country wins a case being adjudicated at the International Court of Justice (ICJ).

The case lodged by Somalia on August 28, 2014 is set to gain full steam after Kenya lost preliminary objections last year. The government was then required to file a substantive response to the main case in December last year.

ALSO READ: More needed to secure border with Somalia

And although Kenya, through the Office of the Attorney General Githu Muigai, complied with the orders by December 22nd, officials have remained tight-lipped on the content and nature of the defence they gave.


“Unfortunately, it is neither procedural nor possible to release documents in custody of the ICJ. These are confidential documents. It is only the ICJ that can give these documents and this would only be with the concurrence of the other party (Somalia),” an official at the AG office wrote to the Sunday Standard.

The Attorney General who put up a spirited fight inside the ICJ courtroom last year but lost, did not respond to our inquiries. His fate in the wake of Friday’s Cabinet purge remains unknown.

In the secretive defense known in court parlance as a “memorial,” Kenya is understood, to have insisted on its boundary with Somalia being along a parallel of latitude as was decreed in the presidential proclamation of 1979.

It is also rooting on a second Presidential Proclamation in 2005 as well as its submission to the United Nations Commission on the Limits of the Continental Shelf (UNCLCS) in 2009.

ALSO READ: Somali president vows extra efforts after U.S. suspends aid to military

“Kenya asserts that all her activities including naval patrols, fishery activities, marine and scientific research as well as oil and gas exploration are within the maritime boundary established by Kenya and recognised and respected by both parties since 1979,” a statement from AG’s office said.

In the memorial, Kenya is also insisting on a negotiated solution.At stake in the case are seven oil blocks awarded to foreign companies on concession basis. Kenya has since claimed exploratory activities in the area have been suspended as a sign of good faith but Somali insists this is not enough:


“Adjudge and declare that Kenya, by its conduct in the disputed area, has violated its international obligations to respect the sovereignty, and sovereign rights and jurisdiction of Somalia, and is responsible under international law to make full reparation to Somalia,” Somalia says in its claims.

In the past, maritime experts have warned that Kenya could lose the main case if past rulings of the court were anything to go by. Their arguments are based on the fact that the method adopted by Kenya to claim the maritime border -- parallel of latitude -- is seldom relied on by the court as compared to Somalia’s equidistant line approach.

Last year, Prof Musili Wambua, a maritime law expert said the only way Kenya can avoid losing is by demonstrating existence of “very strong circumstances which warrant a departure from the equidistant line advocated by Somalia.”

“It is only in Nicaragua v Honduras that the ICJ departed from the principle of equidistant special circumstances principle/rule and applied bisector method because equidistant could not produce equitable outcome,” Wambua said.

In its preliminary objections, Kenya had argued that a 2009 Memorandum of Understanding with Somalia acknowledging a dispute and vowing not to challenge each other’s claims pending process of registering borders removed the matter from ICJ scope.

ALSO READ: Tread carefully on Raila swearing-in, AG Muigai tells NASA

On top of the reparations, Somalia also wants Kenya to hand it over all seismic data acquired in areas that are disputed “and to repair in full all damage that has been

[xiimaaya]

https://www.standardmedia.co.ke/article ... d-sea-area



The only thing Hassan sheikh maxmoud has done right was fighting for our sea and this victory will inshallah be his all credit goes to him .

[barbarossa]

Half a dozen plane loads of qaat a day is all we, Skinnies, ask in the way of compensation.

[bashe19]

Wait and see, our chance is 95 percent, kenya must be shame walahi.

[Adali]

if you attempt to seek wealth by stealing from others it will come back to bite you in the ass, and you will not even enjoy the wealth as it will effect you negatively.
There are many somali nationalist onto Kenya, the thought they can pull a quick one on us, but come on seriously how can you steal someones territorial waters ?

[wadnahadhiiga]

Jabarti Arab slaves aka Daarod sold Somalia sea and land

It was Ghandi who told Kenya and Norway who discovered sea oil well near Kismayu that invation of somalia is posibble and drafted how to Invade Somalia and he will show the wealth and the land and announced project Azania that project become Jubaland and Ahmed Madoobe the guide dog of kenyan Bantu and the invasion of Kismayu was born.

pressure mounted the legality of that invation when sheikh shariif become against but then Jaberti arab slaves aka Daarood use both Kenya and Ethiopia muscle to shutdown sheekh Shariif and he accepted defeat.

Xassan sheekh Maxamuuds government fought the sea and the court hearing found the MOU deal that jebertis call Traitors was actual in favor of Somalia and real sea border have to be decided by the ICU courts.

Today Kenya controls Kismayu ports and the project jubaland and this will end up in a two situation

Kenya will own forever or the Hawiye mighty will have to fight and remove Kenya and thier jeberti arab slaves by force near future

BY. Wadnaha Dhiiga

[Publicopinion]

No it was abdishakur from beesha Morgan who signed it off after destroying Somalia since 1991.

[original dervish]

With Farmaajo at the helm Somalia is slowly regaining her sovereignty, first the air and now the sea Alhamdulilah!

[random123456]

HSM was our best president after abdiqasim. Not only did he fight for our sea, he rebuilt our SNA forces and had the Turkish invest

[Publicopinion]

dont get me wrong,i am for all somalia regaining its sea and putting traitors to death.but what can somalia do against the strontest army in east africa with a buget running into the billions of dollars,supported by superpower america and britian.
kenya gpd 70 billion
somalia gpd 6 billion.that is 64 bilion fking difference.
somali army mechanized unit

[wadnahadhiiga]

HSM was our best president after abdiqasim. Not only did he fight for our sea, he rebuilt our SNA forces and had the Turkish invest

Indeed meanwhile the only thing that Xaarmaajo done is he legalised his own Jeberti Arab slaves to be sold to thier master Ethiopian Tigre kkkkkk. And HG have to fight for the jeberti slave to be freed jebertis slaves here nacalaa Ku taal they have no shame kkkkkkk

[AbdiCushite]

As a Somalilander everyone knows I will be impartial because I really don't care , but HSM was way better than Failmaajo.

[original dervish]

O.K buddy.

[Adali]

dont get me wrong,i am for all somalia regaining its sea and putting traitors to death.but what can somalia do against the strontest army in east africa with a buget running into the billions of dollars,supported by superpower america and britian.
kenya gpd 70 billion
somalia gpd 6 billion.that is 64 bilion fking difference.
somali army mechanized unit

300 KDF were put to eternal slumber in one night in a small town in gedo by harakat alshabab, the funding KDF gets is not used for sophisticated military hardware so even a ragtag militia can organise a massive destructive blow to them, what do you think a united Somali people can do to Kenya a corrupt society that used to fear us during the Kacaan days.

[Publicopinion]

hottom line
we need an an army to protect from foreign valtures lurking and from political instability.