Kenya withdraws from International Court of Justice

The delivery of the judgement will be culmination of a flawed Judicial process - Kenya

Foreign Affairs PS Macharia

The government of Kenya through Foreign Affairs Principal Secretary (PS) Macharia Kamau has announced its withdrawal from the compulsory jurisdiction of the International Court of Justice (ICJ).

Following the withdrawal, Kenya will not recognize the ICJ judgement in the ongoing Maritime boundary dispute with Somalia.

In a statement, Kenya said the Court lacks jurisdiction to determine the dispute, adding that it will no longer be subjected to International law without consent

“The delivery of the Judgement will be culmination of a flawed Judicial process that Kenya has had reservations with and withdrawn from, on account, not just of its obvious and inherit bias, but also its unsuitability to resolve the dispute at hand,” the statement read.

The Withdrawal of Kenya comes at a time when the International Court of Justice is expected to deliver a ruling on the dispute on October 12th, 2021.

“It is important for every Kenyan to understand that threats to territorial integrity are now no longer necessarily overt and direct. The filing of a case against Kenya at the Court and the Court’s assumption of jurisdiction where it had none, are demonstrative of new tactics of using pseudo-judicial process to undermine territorial integrity.

“For this reason and in addition to withdrawing its participation from the current case, Kenya on the 24th September, 2021, also joined many other members of the United Nations in withdrawing its recognition of the Court’s compulsory jurisdiction. As a soverign nation, Kenya shall no longer be subjected to an international court or tribunal without its express consent,” reads the statement in part.

Somalia had demanded a redraw of the maritime boundary in what could alter the flow and the size of waters in Kenya’s territory should the ICJ rule in favour of Somalia.

The Court of 15 judges will make its final verdict on Tuesday and is expected to issue instructions on what the two countries must do.

The judgement is usually binding if both parties have subscribed to its jurisdiction, and the case is filed by a member state.

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