The Kenyan government has suffered yet another major setback in the international relations front, days after Foreign Affairs Cabinet Secretary (CS) Amina Mohamed failed to capture the AU Chairperson’s seat.
On Thursday, it emerged Kenya had lost its bid to stop a case filed by Somalia at the International Court of Justice (ICJ).
Kenya’s legal team, led by Attorney General Prof. Githu Muigai had sought to have the case dismissed to allow for alternative dispute resolution.
Muigai and his team had argued that Somalia had breached an existing Memorandum of Understanding (MoU) expressly providing for negotiations as a way of settling the impasse. However, the court ruled that their agreement did not mean that the matter could not be heard through the court.
"The court observes although the applicant breached the treaty, it does not affect its case. Somalia's objection does not render its application inadmissible," Justice Ronny Abraham stated in the ruling decided by a majority of 13 judges.
The Kenyan legal team termed Somalia’s case misplaced, as it was still struggling with terrorists who had turned to attack Kenyans from both the contested ocean territory and on land.
They further argued that if the Kenya Navy was withdrawn from the disputed territory, the Al Shabaab would occupy those waters.
Kenya has occupied the disputed maritime territory located in the Indian ocean but Somalia has since sought to have the waters back after oil exploration started in the area.
