Kenya has raised objections to the validity of Somalia’s maritime boundary case before the International Court of Justice (ICJ) even as it exuded confidence the Court would accept her submission.
Kenya is contesting the fact that the Somalia case falls outside the jurisdiction of the Court and is inadmissible because it is contrary to Somalia’s international obligations under the Memorandum of Understanding signed on April 7, 2009 in Norway.
Through the Attorney General, Githu Muigai, Kenya submitted preliminary objections against the Somalia case on maritime delimitation brought before the ICJ on August 28, 2014.
In a statement, Githu said Somalia will have the right to respond to Kenya’s preliminary objections, then the Court will schedule an oral hearing, before reaching judgment on jurisdiction and admissibility, next year.
He said the two governments must find a solution through an amicable agreement, under international law. According to Githu, the Governments of Kenya and Somalia had first agreed to consent to consideration of their respective submissions by the UN Commission on the Limits of the Continental Shelf (CLCS).
The two governments were also to delimit their maritime boundary only after the commission established the outer limits of their continental shelf, and also to delimit their maritime boundary through negotiating an amicable agreement rather than taking the matter to court.
“Somalia’s aggressive conduct has violated all three of these conditions, in direct disregard of its fundamental obligation to perform international agreements in good faith,” stated Githu.
The AG had previously observed that Kenya had made exceptional sacrifices for Somalia and her soldiers have fought the Al Shabaab. “Kenyan citizens have been victims of terrorist attacks.
Kenya has also been hosting over half a million Somali refugees for almost 25 years. The least Kenya can expect from Somalia is that it will honour bilateral agreements. Somalia’s case is invalid and Kenya is confident that the Court will agree with its submission,” said the AG.
The team that prepared
the case for Somalia were from Norway.
And here it seems Norway is taking te side of Kenya!
