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Kenya: ICJ Postpones Kenya-Somalia Maritime Dispute Case

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Nyakundi Report

Newsroom 2 min read

This archive report was first published on 6 September 2019.

The International Court of Justice (ICJ) has postponed the Kenya-Somalia maritime dispute case, citing a request by the Kenya government to recruit a new defence team.

According to a letter from the Attorney General's office, dated September 3, 2019, Kenya sought to postpone the case by 12 months.

ICJ's registrar Philippe Gautier wrote, "I have the honour to inform you that the court has duly considered the request made by the Republic of Kenya on September 3 that hearings due to open on 9 September 2019, be postponed by 12 months, as well as the views expressed by the Federal Republic of Somalia in its letter dated 4 September, 2019."

However, the court expressed "deep regret regarding this last-minute request which has caused undue effect on the administration of the judicial work of the court."

Earlier this week, David Matsanga, the Chairperson of the Pan African Forum, filed a petition in the court seeking orders to have the presiding judge in the case, Abdulqawi Ahmed Yusuf, to recuse himself over alleged conflict of interest.

Matsanga wants the judge cited for subjudice for allegedly commenting about the Kenya-Somalia case outside court and conflict of interest because he is a Somali national.

"We have interest in the Kenya/Somali case as regional natives of the East and the Horn of Africa," Matsanga said.

"As a Somali national, his heart falls near Somali," Matsanga added.

Kenya and Somalia have been locked in a maritime dispute over an estimated 62,000 square miles oil-rich triangle in the Indian Ocean since 2014.

On August 28, 2014, Somalia filed the boundary delimitation dispute, staking a claim on the disputed area.

Kenya says the disputed area was in fact under its jurisdiction before the Convention of the Law of Sea was enacted in 1982.

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