Kenya’s Disingenuous Request to the International Court of Justice

[Deeq A.]

Mogadishu (PP Editorial) —  The Kenyan government asked for the International Court of Justice to postponing the hearing on the maritime dispute between Kenya and Somalia. It cites a constitutional crisis in Mogadishu as a reason for the hearing to 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 the 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.

© Puntland Post, 2021

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