A case which is likely to sink further the much-hyped credentials of foreign affairs CS Amina Mohammed and the government of President Uhuru is coming up for ruling at the International Court of Justice any minute from now.
A dossier allegedly prepared by the National Intelligence Service (NIS) claims Amb. Amina was a silent surrogate of the Federal Government of Somalia in the border row, which Kenya is highly expected to lose.
“Amina in her usual self-imposing manner appointed herself as Kenya’s Chief Negotiator. It is abundantly clear that she was all along a surrogate of the Federal Government of Somalia. The last masterstroke is when she insisted that rather than conclude the bilateral negotiations in Nairobi, the final sessions to conclude the talks would be held in Mogadishu, only for her to make sure her Kenyan delegation did not turn up in Mogadishu on the agreed date,” reads the dossier.
Somali used the absence of Kenya to claim the country was not sincere in its dealings over the matter. Somalia told the court that Kenya failed to attend the final meeting to resolve the sticking issues, considering the two previous meetings had exposed “far and irreconcilable” differences between the two neighbors.
The Court, based at the Hague, has a twofold role: to settle, in accordance with international law, legal disputes submitted to it by States (Contentious cases ) and to give advisory opinions (Advisory proceedings) on legal questions referred to it by duly authorized United Nations organs and specialized agencies.
Somalia in 2014 sued Kenya over what it termed as Kenya’s encroachment in its territorial waters.
Somalia wants the maritime border to continue along the line of the land border, to the southeast. Kenya however wants the sea border to go in a straight line east, giving it more sea territory.
“Somalia requests the court ‘to determine, on the basis of international law, the complete course of the single maritime boundary dividing all the maritime areas appertaining to Somalia and to Kenya in the Indian Ocean’,” it said in court filings at The Hague.
Somalia picked Kenyan lawyer Ahmednasir Abdullahi to lead its legal team while Kenya was represented by Attorney General Prof. Githu Muigai among other senior lawyers.
“If we are to have any hope of a durable and equitable solution that contributes to regional peace and security it lays in this great hall of justice and in the hands of distinguished members of this court,” Somalia’s agent argued.
Kenya, on the hand, claims Somalia is “thankless” considering the efforts Kenya is making to rid the country of terrorists in the ongoing fight against the Al shabaab.
Today’s ruling, if Kenya loses, will add to our basket of diplomatic failures even as we reel from the defeat at the 28th AU Summit.
The disputed triangle of water, which stretches over an area of more than 100,000 square kilometres (40,000 square miles), is believed to hold valuable deposits of oil and gas in a part of Africa only recently found to be sitting on significant reserves.