The 2009 MoU did not preclude legal recourse, Somalia tells global court

The 2009 Memorandum of Understanding did not tie Kenya and Somalia against a court recourse, Somalia argued Tuesday telling the ICJ bench Kenya was bent on frustrating the maritime dispute for its own interests.

Lawyers representing Somalia Tuesday in their first round of argument argued while the two countries signed an agreement to resolve the Indian Ocean boundary dispute bilaterally, the same did not deny them the chance to seek the intervention of the court.

Further, Somalia’s lawyer, Alain Pellet told the court the laws guiding maritime cases did not bar it from intervening in cases where countries had earlier sought a mutual approach to addressing such matters.

Kenya had argued Monday Somalia had rushed to the UN court despite the existence of an agreement between the two adding claims Kenya was grabbing Somalia’s section of the ocean were hurtful and absurd.

But Somalia’s defence team Tuesday said it had resorted to the global court’s intervention after attempts to reach an amicable solution with Kenya proved to be “to no avail’.

“We seek nothing more and nothing less than to have our maritime boundary dispute with our Kenyan brothers and sisters be resolved finally and definitively in an equitable manner,” lawyer Mona al-Sharmani for Somalia told the Court.

Kenya will resume its defence Tuesday and Somalia will close on Friday. The Court will be on recess Thursday.

The Court will thereafter issue its ruling whether to take up the case.