Kenya’s Disingenuous Request To The International Court Of Justice

Mogadishu (PP Editorial) —  The Kenyan government has asked for the International Court of Justice to postpone the hearing on the maritime dispute between Kenya and Somalia.

It cites a constitutional crisis in Mogadishu as reason for the hearing to eventually take place when political uncertainties in Somalia come to an end.

Kenya’s legal advisors treat the maritime dispute as a case between a sovereign Kenya and the Federal Government of Somalia.

Such a flawed legal reasoning points to the hope Nairobi places in a new Somali government that could be less interested in the outcome of the maritime dispute.

President Uhuru Kenyatta of Kenya

A Memorandum of Understanding signed by a  Minister of the former Transitional Federal Government forms the core of Kenya’s argument.

Hassan Sheikh Mohamud, a former Somalia President and a member of the Alliance of Presidential Candidates, criticised President Mohammed Abdullahi Mohammed for not putting a lot of effort into the maritime dispute.

This is not a time for political point-scoring.

The Alliance of Presidential Candidates has missed an opportunity to stand by the Federal Government of Somalia in its rejection of Kenya’s request to postpone the hearing.

Kenya’s posturing is a threat to world order. Its forces are peacekeepers in Somalia under AMISOM mandate.

Kenya seeks to exploit Somalia’s weaker geopolitical position to a point of making outlandish claims about the sovereignty of Somalia.

The maritime dispute between Somalia and Kenya is a test case on the durability of the post-World War II order.

In Africa, where sovereignty is a cornerstone of the Charter of the African Union, the maritime dispute reflects the unethical manoeuvres to which a member state can resort.

Somali political leaders at all levels should commend the Federal Government of Somalia for calling out Kenya’s disingenuous request to the International Court of Justice.

This article first appeared in the © Puntland Post, 2021 and is republished with permission

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