Kenya in bitter court with Somalia over oil exploration on disputed sea area

Kenya in bitter court with Somalia over oil exploration on disputed sea area

Geza Ulole

Geza Ulole

JF-Expert Member
Joined
Oct 31, 2009
Posts
65,136
Reaction score
91,917



AFRICA

Kenya in bitter court with Somalia over oil exploration on disputed sea area
By
Yvonne Rarieya
-
January 7, 2018
0
716

Kenya could be forced to compensate Somalia over oil exploration on a disputed sea area if the neighboring country wins a case lodged with the International Court of Justice ( ICJ). After Kenya lost the preliminary objections last year and were subsequently asked to file a substantive response to the main case in December 2017.

oilrig-1.jpg

Offshore oil and gas exploration platforms in the Indian Ocean. [Photo- File]
Kenya, through the Office of the Attorney General, complied with the orders by December 22nd, officials have remained tight-lipped on the content and nature of the defence they gave.
“Unfortunately, it is neither procedural nor possible to release documents in custody of the ICJ. These are confidential documents. It is only the ICJ that can give these documents and this would only be with the concurrence of the other party (Somalia),” an official at the AG’s office wrote to a local newspaper.

In the preliminary objections, Kenya had argued that a 2009 Memorandum of Understanding with Somalia acknowledging a dispute and vowing not to challenge each other’s claims pending process of registering borders removed the matter from ICJ scope. On top of the reparations, Somalia also wants Kenya to hand it over all seismic data acquired in areas that are disputed “and to repair in full all damage that has been suffered by Somalia.


Kenya in bitter court with Somalia over oil exploration on disputed sea area | CGTN Africa - Strengthening news coverage in Africa
 
Geza Ulole said:



AFRICA

Kenya in bitter court with Somalia over oil exploration on disputed sea area
By
Yvonne Rarieya
-
January 7, 2018
0
716

Kenya could be forced to compensate Somalia over oil exploration on a disputed sea area if the neighboring country wins a case lodged with the International Court of Justice ( ICJ). After Kenya lost the preliminary objections last year and were subsequently asked to file a substantive response to the main case in December 2017.

oilrig-1.jpg

Offshore oil and gas exploration platforms in the Indian Ocean. [Photo- File]
Kenya, through the Office of the Attorney General, complied with the orders by December 22nd, officials have remained tight-lipped on the content and nature of the defence they gave.
“Unfortunately, it is neither procedural nor possible to release documents in custody of the ICJ. These are confidential documents. It is only the ICJ that can give these documents and this would only be with the concurrence of the other party (Somalia),” an official at the AG’s office wrote to a local newspaper.

In the preliminary objections, Kenya had argued that a 2009 Memorandum of Understanding with Somalia acknowledging a dispute and vowing not to challenge each other’s claims pending process of registering borders removed the matter from ICJ scope. On top of the reparations, Somalia also wants Kenya to hand it over all seismic data acquired in areas that are disputed “and to repair in full all damage that has been suffered by Somalia.


Kenya in bitter court with Somalia over oil exploration on disputed sea area | CGTN Africa - Strengthening news coverage in Africa
Click to expand...
Wakishindwa, wataianzishia Tz, wakitaka kukata Pemba kaskazini.
Wataambiwa Pemba yote ni Republic of Tz. Halafu mkijifanya kuforce, ndio mtajua venye Tz ni mafiyoso.
 
Kenya my country, our national motto should be changed from Harambee to, just do it! Kawaida yetu huwa hatujui kuzubaa zubaa.
 
Oii said:
Wakishindwa, wataianzishia Tz, wakitaka kukata Pemba kaskazini.
Wataambiwa Pemba yote ni Republic of Tz. Halafu mkijifanya kuforce, ndio mtajua venye Tz ni mafiyoso.
Click to expand...
Hawana ubavu huo maana map ya Kenya ya Uhuru wao inajulikana na hawana hicho kipande waliiba toka Somalia na pia upande wa Tanzania inajulikana
 
Geza Ulole said:
Hawana ubavu huo maana map ya Kenya ya Uhuru wao inajulikana na hawana hicho kipande waliiba toka Somalia na pia upande wa Tanzania inajulikana
Click to expand...
Geza ikifika ni vita baina ya Kenya na Tanzania, tunaweza wafunikiza hadi mkaomba msamaha. Apana cheza.
 
Oii said:
Wakishindwa, wataianzishia Tz, wakitaka kukata Pemba kaskazini.
Wataambiwa Pemba yote ni Republic of Tz. Halafu mkijifanya kuforce, ndio mtajua venye Tz ni mafiyoso.
Click to expand...
Pemba na Kilimanjaro tunachukua bila pingamizi yani kama Russia ilivyochukua Crimea.
 
pingli-nywee said:
Kenya my country, our national motto should be changed from Harambee to, just do it! Kawaida yetu huwa hatujui kuzubaa zubaa.
Click to expand...
Hata kama worst case scenario, Somali washinde (which is unlikely considering UNCLOS recently accepted Kenya's request to extend our maritime EEZ by 170 nautical miles up to near Seychelles to police,explore,and do what we want with it.)
If somali wins the case, both parties have to sign the judgement for the case to be declared settled, if Kenya refuses to sign, the UN court just like ICC doesn't have powers to enforce its court orders, so it will forward the matter to UNSC (UN security council) the UNSC os made up of ambasodors from individual countries, we will negotiate with each of them individually and diplomatically most of them will at Somalia then look at Kenya, the permanent members with veto power will all abstain, the US has interests in Lapsset project, France is involed in a power project near Lamu, and together with UK they have exploration companies drilling on the ocean granted by Kenya, China too is interested in the lapsset project while Russia has always abstained in these kinds of votes.... That will leave the voting to be determined by non permanent members, due to Somalis unique geographical shape, it has the longest shoreline in mainland Africa, while Kenya has a very small shoreline compared to nations along the indian ocean.... In the most unlikely event that even the security council doesn't favour us, Kenya would be directed to share whatever mineral discovery is made in that part, with somalia, but the control and sovereignty of that territory will remain in Kenya's hands
 
mwaswast said:
Nyinyi ni saucer yani tunawakanyanga mpaka hamtamaniki.
Click to expand...
Wanadhani KDF ya sasa ni ile ile ya zama zile tukiingia Somalia. Ukiona hadi Museveni sasa hivi ameanza kuweweseka jua ni kundialala.
 
Kafrican said:
Hata kama worst case scenario, Somali washinde (which is unlikely considering UNCLOS recently accepted Kenya's request to extend our maritime EEZ by 170 nautical miles up to near Seychelles to police,explore,and do what we want with it.)
If somali wins the case, both parties have to sign the judgement for the case to be declared settled, if Kenya refuses to sign, the UN court just like ICC doesn't have powers to enforce its court orders, so it will forward the matter to UNSC (UN security council) the UNSC os made up of ambasodors from individual countries, we will negotiate with each of them individually and diplomatically most of them will at Somalia then look at Kenya, the permanent members with veto power will all abstain, the US has interests in Lapsset project, France is involed in a power project near Lamu, and together with UK they have exploration companies drilling on the ocean granted by Kenya, China too is interested in the lapsset project while Russia has always abstained in these kinds of votes.... That will leave the voting to be determined by non permanent members, due to Somalis unique geographical shape, it has the longest shoreline in mainland Africa, while Kenya has a very small shoreline compared to nations along the indian ocean.... In the most unlikely event that even the security council doesn't favour us, Kenya would be directed to share whatever mineral discovery is made in that part, with somalia, but the control and sovereignty of that territory will remain in Kenya's hands
Click to expand...
refer Nigeria vs Cameroon dispute kujua nn kitamtokea nyang'au akikaidi
 
Geza Ulole said:
refer Nigeria vs Cameroon dispute kujua nn kitamtokea nyang'au akikaidi
Click to expand...
Hio dispute ni tofauti kabisa.. Hio dispute yao is similar to Migingo Island dispute where both parties are not clear exactly where the boundary line passes through, one party says it here the other says its there, tena dispute yao affected land which extended to the sea.

On the kenya-somali dispute , land boundary is clear, the problem is the sea which affects Kenya's EEZ, when ICJ rules on this kinds of cases, they usually consider the economic impact of each country....
This dispute is similar to the one in gulf of maine - read about that judgement.

Alafu Somali govt once recognised that boundary by signing an agreement then later rejected it, doesn't give them a strong argument.


But last but not least, all the other boundaries in the east cost of africa extend straight in the ocean regardless of how the land border direction, one of the principle of ICJ is that the rule must apply to similar cases in the neighbourhood so as not to stir up a keg pot
 
wakenya hiyo kesi lazima mpoteze. according to boundary definition of the area. the site in question falls within Somalia demarcated zones.
 
mahakama ya bahari ya kina Warioba (the then one of the judges), will take the Bakasi issue as a precedence.
 
You must log in or register to reply here.

Our Community

Regional Communities

Back
Top Bottom
Menu
Forums
New posts
Log in
Register