Kenya has intensified diplomatic efforts to resolve its maritime boundary dispute with Somalia, focusing on a 1982 United Nations Convention on the Law of the Sea provision that underpins Somalia's claim. The East African nation seeks an out-of-court settlement involving joint oil and gas resource development in the contested Indian Ocean area.
Diplomatic sources indicate Nairobi is pushing Mogadishu to withdraw its International Court of Justice (ICJ) case, following allegations that Somalia shared disputed maritime maps during a London oil block auction. Somali officials categorically deny these claims, while Kenya has recalled its ambassador and sent the Somali envoy home over the issue.
High-level talks between Kenyan President Uhuru Kenyatta, Somali President Mohamed Farmajo, and Ethiopian Prime Minister Abiy Ahmed in February 2019 aimed to normalize relations, though the core boundary dispute remains unresolved. Experts note Kenya's preference for negotiation stems from risks associated with an ICJ ruling, which could impose binding decisions contrary to its interests.
Dr. Hassan Khannenje, a regional analyst, explained that Kenya's loss of preliminary objections to the court's jurisdiction has made diplomatic compromise more appealing. He suggested creating a joint development zone or limiting continental shelf claims to facilitate resource sharing, citing Nigeria and Sao Tome e Principe's 2003 agreement as a model.
Somalia's 2014 ICJ case accused Kenya of encroaching on 100,000 square kilometers of maritime territory with potential oil and gas deposits. The court required Somalia to file submissions by June 18, 2018, with Kenya's response due December 18, 2018. Somalia's legal basis rests on the 1982 convention, while Kenya argues the disputed area was under its jurisdiction before the treaty's enactment.
Kenya has engaged the United Nations and African Union Security Councils, prompting Somali diplomatic concerns about perceived pressure. Somali lawmakers have criticized President Farmajo's approach, emphasizing the issue's national significance as parliamentary sessions resume.
