This archive report was first published on 17 October 2019.
On October 17, 2019, the International Court of Justice (ICJ) approved Kenya's request to delay the public hearing of its maritime boundary case with Somalia, which was initially set for September 9-13, 2019.
Kenya had asked for a delay by up to a year, citing the need to reconstitute a legal team. The ICJ, however, pushed the public hearings to November 4-8, 2019, before finally settling on June 8, 2020, as the new hearing date.
Kenya's Attorney General had appealed the decision, arguing that the period granted was insufficient. He had asked for a year, suggesting that September 2020 would be an ideal time for the hearing.
After hearing objections from Somalia, the ICJ ruled that June 2020 is the final decision and that there will be no further rescheduling.
The decision could help lower the tempo of tensions between the two countries, which had recently reached near diplomatic cut-off as the hearing date nears.
Kenya has argued that the case should not be heard at the ICJ, citing the court's rigidity and potential inability to resolve the political issues attached to the case. Instead, Kenya has approached the African Union, seeking out-of-court negotiations.
However, Somalia's President Mohamed Farmaajo has rejected the offer, stating that the AU has no capacity to resolve the dispute. He has maintained that the ICJ should be the final arbiter in the matter.
The dispute between Kenya and Somalia dates back to 2014, when Somalia sued Kenya at the ICJ, seeking to redraw the sea boundary between the two countries from the current straight line to a diagonal flow. The disputed area is approximately 100,000 square kilometers and is believed to contain hydrocarbons.
