Somalia says Kenya’s claims ‘manufactured’ as maritime case reopens

GOOBJOOG NEWS|THE HAGUE: Somalia has torn into Kenya’s claim of the triangular sea border under dispute accusing it of inventing new ways of border delimitation contrary to international practices on the law of the sea.

Somalia’s legal team which took to the stand first Monday dismissed Kenya’s claims and urged the International Court of Justice not to entertain its prayers. Deputy Prime Minister Mahdi Guled who is Somalia’s principal agent in the case said Kenya had ‘manufactured’ a method of delimitation which did not conform to international practice.

Mahdi also regretted Kenya’s failure to turn up for the proceedings adding that claims of bias by the court were unfounded.

“We are deeply concerned that Kenya has decided not to appear at these hearings,” Guled said in his opening remarks. He added that the ICJ had been fair enough to Kenya and acceded to most of its demands including allowing extra evidentiary material contrary to common practice.

“In Somalia’s view, the Court has been generous in accommodating Kenya,” said Guled.

Professor Philip Sands (UK) appearing for Somalia told the Court that Kenya was attempting to rewrite the rules of international law of the sea by departing from common practice.

“Kenya’s case on acquiescence is an attempt to rewrite history and the facts,” Prof. Sands said via video link. “ Kenya seeks to avoid the application of the standard three-stage process for maritime delimitation starting with the construction of the provisional equidistance line.”

“If I have to conclude with one word, I would say, Kenya’s argument is hopeless; with two words, I would say, totally hopeless,” Professor Sands added.

The two countries are battling over a 100,000km squared triangular piece in the Indian Ocean boundary. While Kenya argues for a parallel to the latitude at the tip of its northern and southern border, Somalia on the other hand claims the border should stretch on an equidistant line.

The Court earlier declined Kenya’s request to address and went ahead with proceedings.