NAIROBI, Kenya, Oct 21 – During the Mashujaa Day celebrations in Kirinyaga county, President Uhuru Kenyatta asserted the country’s position on the recently concluded maritime dispute case between Kenya and Somalia.
The International Court of Justice ruled in favour of Somalia’s claim to a large contested maritime area in the Indian ocean.
Kenyatta shortly after the ruling on October 12, expressed concerns that the decision would, “potentially aggravate the peace and security situation in the fragile Horn of Africa Region,”
On Wednesday, President Kenyatta reiterated Kenya’s longstanding position that it would not cede, even an inch of its territory.
“Since the dawn of our Republic, on many occasions, we have experienced territorial aggressions to the sanctity of our borders. Some have been driven from within and others from without. But the message of our Founding Fathers to these aggressors was simple: Not an Inch Less, Not an Inch More. And this is the message that must reverberate across the collective quarters that are bent on annexing any part of the territory known as the Republic of Kenya,” said Kenyatta.
Kenyatta, who honoured the country’s heroes said that the decision was in line with the aspirations of the country’s founding fathers to protect what was left behind when the country was liberated.
ICJ Ruling
Somalia said the ruling was a result of “sacrifice and struggle” by the Horn of Africa country.
A new boundary drawn by the International Court of Justice was closest to a line proposed by Somalia, attributing to it several offshore oil blocks claimed by Kenya.
The revised maritime border along the exclusive economic zones for the continental shelves of Somalia and Kenya “achieves an equitable solution” according to Judge Joan Donoghue.
Kenya, which did secure some territory beyond the Somali claim, had failed to prove there was an established sea boundary between the states, which would have given it a greater portion of the disputed territory, the court found.
“I thank Allah for the fruit of the long struggle made by the Somalis in preventing Kenya’s desire to claim ownership of part of Somalia’s sea,” Somalia’s President Mohamed Abdullahi Mohamed said in a broadcast on his office’s Facebook page.
The ruling came after Nairobi a week before the ruling said it had revoked recognition of the court’s jurisdiction. No one for Kenya was officially present, either in court or via video link, during the ruling.
The court said Kenya’s withdrawal was not retroactive and did not affect its judgment.
Somalia filed the case in 2014 at the United Nations’ highest court dealing with disputes between states.
While Kenyatta described the ruling as a zero-sum game that would strain relations between Kenya and Somalia, he said Kenya aimed to resolve the dispute diplomatically.
“Kenya, as a key proponent of respect for the principle of subsidiarity will resolve this matter through the institutions of the African Union in addition to other bilateral arrangements,” he said, adding that he would do everything in his power to preserve Kenya’s territory.
Somalia argued that the maritime boundary should be consistent with standard practice in international law — and follow the direction of the land border, rather than extend out along the line of latitude.
According to the African Union Border Program (AUBP), only about one-third of the borders among the continent’s 54 nations had been formally demarcated by 2011.
The U.N. Convention on the Law of the Sea (UNCLOS), an international law since 1994, provides the authoritative rules on territorial waters, exclusive economic zones (EEZs) and continental shelves beyond EEZs.
Countries sometimes do reach agreements on their own, however, departing from the UNCLOS guidance. This was Kenya’s position— claiming that since 1979 Somalia had continuously “acquiesced” to Kenya’s preferred boundary, making this now legally the line.
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