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October 8, 2021 | Foreign Affairs Principal Secretary Macharia Kamau addresses a news conference ahead of a judgment by the ICJ on the maritime dispute between Kenya and Somalia. Kenya said it will not recognise the ICJ ruling./ Ministry of Foreign Affairs

DIPLOMACY

Kenya says won’t be dragged to international courts without its consent

NAIROBI, Kenya, Oct 8 –Kenya has said it won’t be subjected to international litigation without consent in future ahead of the ruling by the International Court of Justice (ICJ) on the maritime border dispute with Somalia.

The ICJ is expected to deliver the judgement on October 12, next week amidst strained relationship and diplomatic tiff between the two countries.

Kenya and Somalia are disputing 30,000 square nautical miles of territory in the Indian Ocean, with prospects of huge oil and gas deposits.

While affirming Kenya’s withdrawal from the ICJ, Foreign Affairs Principal Secretary  Macharia Kamau said Friday the impending judgment was the culmination of a flawed process.

“For these reasons, and in addition to withdrawing its participation from the current case, Kenya, on the 24th September, 2021, also joined many other members of the United Nations in withdrawing its recognition of the Court’s compulsory jurisdiction. As a sovereign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent,” said Kamau.

The PS said the decision by Somalia to file a case against Kenya and ICJ move to accept it demonstrates new strategies countries are using to invade other territories.

“It is important for every Kenyan to understand that threats to territorial integrity are now no longer necessarily overt and direct. The filing of a case against Kenya at the Court, and the Court’s assumption of jurisdiction where it had none, are demonstrative of new tactics of using pseudo-judicial processes to undermine territorial integrity,” the PS said.

Kamau added that whatever the decision, Tuesday’s judgement will have profound security, political, social and economic ramifications in the region and beyond.

He further said that the decision will be unfortunate in a region that is already struggling with terrorism, instability and conflict.

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“The Government of Kenya recognizes and has consistently indicated as much, that the Judgement of the Court – whichever way – will have profound security, political, social and economic ramifications in the region and beyond. This will, undoubtedly, be unfortunate in a region that is already under the torment of terrorism, instability and conflict.”

He however urged Kenyans to remain calm saying the government was seized of the matter.

“While the Government recognizes the potential of these ramifications, every Kenyan is to be assured that the Government is fully seized of this matter. Kenyans are therefore called upon to remain calm before, during and after the delivery of the Judgment,” Amb Kamau sated.

Kenyan forces are currently engaged in a peace-keeping mission in Somalia under the umbrella of Amisom forces in the fight against Al-Shabaab, an Al-Qaeda linked military outfit keen to destabilize the US backed government.

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