Kenya withdraws ICJ's jurisdiction ahead of key ruling

Kenya on Friday raised a pre-verdict storm against the International Court of Justice ruling due tomorrow on a maritime boundary case filed by Somalia, saying the judges’ decision will be a product of a ‘flawed’ process. The East African reports that Nairobi announced it had withdrawn the compulsory court's jurisdiction. Kenya said it advised the court of this withdrawal on 24 September. However, this decision will not affect the judgment of the court, technically, as rules or reservations don’t apply to already ongoing cases. The move was announced in Nairobi by Foreign Affairs Principal Secretary Macharia Kamau. Mogadishu had demanded a review of the maritime boundary in what could alter the ocean territory for both countries should the ICJ rule in favour of Somalia. ‘The delivery of the judgment will be the culmination of a flawed judicial process that Kenya has had reservations with, and withdrawn from, on account not just of its obvious and inherent bias but also of its unsuitability to resolve the dispute at hand,’ Kamau said, suggesting the suit was seen from the outset as a threat to Kenya’s territorial integrity. ‘As a sovereign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent.’ The court of 13 judges, including a Somali, and presided over by American Joan Donoghue, will make its final verdict and is expected to issue instructions on what the two countries must do. Judgments by ICJ are usually binding between states and there is no option for appeal.

Full East African report