The government of Kenya has pulled out of maritime case with Somalia ahead of oral proceedings slated for Monday.
Attorney General Kihara Kariuki told the International Court of Justice in a letter dated March 11 that Kenya could not participate in proceedings.
“Kenya wishes to inform the court, through the Registrar, that it shall not be participating in the hearings in the case herein, should the same proceed from March 15, 2021, as presently scheduled,” the letter read in part.
Kariuki said his country has expressed concerned over alleged bias, citing the participation of Judge Yusuf, a Somali national who until February this year was President of the Court.
“Kenya’s concerns and perception of unfairness and injustice in this matter are exacerbated by the inexplicable rejection of Kenya’s preliminary objections to this court’s jurisdiction and the dismissal of request for the recusal of judge Abdulqawi Ahmed Yusuf given his past exposure on behalf of Somalia, to the issues in this case,” AG Kariuki noted.
Kenya reiterates its lack of adequate preparations as a result of COVID-19 pandemic since it recruited a new legal team at the same time the pandemic struck. It also notes that the pandemic had stripped it of financial resources to fund the case.
Both Somalia and Kenya are contesting ownership of a triangular territory measuring 100,000km2 in the Indian Ocean boundary.
Somalia went to court in 2014 following what it termed as failure to settle the matter with her neighbour, Kenya bilaterally. The court verdict is final and not subject to appeal.
