This archive report was first published on 3 October 2019.
Published on October 3, 2019
A group of Kenyans is urging the government to stay away from a maritime case between Mogadishu and Nairobi at the Hague next month.
The group, led by 20 petitioners, claims that the case offends the Constitution and could lead to the alteration of Kenya's territory without a referendum.
Through Kinoti and Kibe Co Advocates, the petitioners have filed a suit at the High Court seeking a permanent injunction to restrain the Attorney General, Foreign Affairs CS, and the Kenya International Boundaries Office from participating in the case.
The petitioners argue that the government's efforts to resolve the dispute amicably have been lacking, and that the International Court of Justice is exercising its jurisdiction unlawfully.
The case dates back to 2014 when Somalia sued Kenya over their common maritime boundary. Kenya controls the disputed territory, which has caused diplomatic tension between the two countries.
President Uhuru Kenyatta had requested dialogue with Somalia's President Mohamed Farmaajo, but the latter rejected the offer, insisting that the matter should be resolved at the ICJ.
