Oct 21, 2021

Mawazo Writing Africa

Writing about the main

Kenya faults ICJ process on Somalia maritime border row ahead of verdict

Kenya on Friday unleashed the ruling on Tuesday’s ruling by the International Court of Justice, stating that the judges’ decision will be the product of a “flawed” trial.

Nairobi announced that it removed the jurisdiction of the coercive tribunal, a principle in international law which means that any state that has given the court this type of recognition has the right to sue other states and that it agrees to do so in the event of a Court action to appear.

Kenya said it advised the court on September 24th on the withdrawal. However, this decision has no effect on the judgment of the court, technically, as rules or reservations do not apply to cases that are already ongoing.

The move was announced in Nairobi by Foreign Minister Macharia Kamau when the ICJ announced the judgment prepared for a maritime border procedure filed by Somalia.

Mogadishu had called for a review of the maritime border, which could change the maritime area for both countries if the ICJ ruling in Somalia’s favor.

“The pronouncement of the verdict will be the culmination of a flawed legal process in which Kenya had reservations and was withdrawn not only because of its obvious and inherent bias, but also its inappropriateness to resolve the dispute at hand”, PS Kamau said, indicating that the lawsuit was seen from the outset as a threat to Kenya’s territorial integrity.

“From the For these reasons and in addition to withdrawing its involvement from the current case, on September 24th, 2021, Kenya also recognized many other members of the United Nations as having mandatory jurisdiction of the court. As a sovereign nation, Kenya may no longer be subjected to any international court or tribunal without its express consent. ”

The court consists of 13 judges, including a Somali, and is chaired by The American Joan Donoghue will deliver her final verdict on Tuesday and is expected to provide instructions on what the two countries must do. Judgments of the ICJ are usually binding between the states and there is no possibility of appeal.