Kenyan’s failure to appear in ICJ favours Somalia’s claim

Kenya is intending not to send its lawyers to the ICJ to attend the highly anticipated hearing of a territorial dispute with Somalia.

The dilemma of Kenya’s presences in the ICJ comes after they have requested the ICJ to postpone the case due to exceptional circumstances, occasioned by the need to recruit a new defence team.

Ahmed Kheire a lawyer and lecturer told Goobjoog News that in the maritime delimitation case pending before the ICJ, if Kenya fails to appear before the Court or defend its case, Somalia can ask the Court to decide in favour of its claim in accordance with Article 53 of the Statute of the ICJ.

Both countries claim ownership of an area, almost 150,000 square kilometres (57,915 square miles) off the Indian Ocean coastline, said to be rich with oil, gas and tuna fish. In 2014, Somalia’s government went to court to challenge a 2009 agreement that set its maritime border along latitudinal lines extending 450 nautical miles into the Indian Ocean.

The hearing for the maritime dispute before the International Court of Justice (ICJ) between Kenya and Somalia is scheduled to be heard from the 9th-13th September 2019 at the ICJ in The Hague, Netherlands.

Goobjoog News