The International Court of Justice (ICJ) granted Tuesday, October 12 to Somalia most of the maritime area in the Indian Ocean, rich in fish and potential hydrocarbons, claimed by Kenya.
The ICJ, the UN's highest court, ruled that there was "
no agreed maritime border
" and drew a new border close to that claimed by Somalia.
Kenya retains part of the disputed water triangle which stretches over 100,000 km2.
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The ICJ has thus put an end to the procedure initiated in 2014 by Mogadishu and which regularly aggravates the already tumultuous relations between the two neighbors of East Africa.
Prior to the decision, Kenya had accused the court of bias and has already made it known that it did not recognize the jurisdiction of the Court, created in 1946 to settle disputes between member states.
The decisions of the ICJ are binding on the parties and are final, but the Court has no binding means to enforce them.
However, it can refer violations to the United Nations.
Nairobi and Mogadishu have for years clashed over the course of their maritime border, both claiming sovereignty over a vast maritime area that may harbor oil and gas fields.
Somalia, located to the east of Kenya, said its maritime border with Kenya should be demarcated as an extension of its land border, heading south-east.
For its part, Kenya believed that the border at sea should be drawn in a straight line to the east, thus giving it more maritime territory.
The court was seized in 2014
Nairobi has maintained sovereignty over the disputed area since 1979, when Kenya set the limits of its exclusive economic zone (EEZ).
Kenya notably granted three oil exploration permits in the area concerned to the Italian company ENI, contested by Somalia.
In 2009, the two neighbors agreed to settle their dispute through bilateral negotiations.
But these have not been successful.
Somalia therefore seized the ICJ in 2014 which, despite Kenya's disputes, declared itself competent in February 2017.
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Tensions between the two neighbors peaked in February 2019 when Nairobi recalled its ambassador to Mogadishu, accusing Somalia of having auctioned oil and gas fields in the disputed area.
In March, Nairobi said it would no longer attend court hearings after the court refused to allow further delays in the case.
Kenya's foreign ministry accused the jurisdiction of "
obvious and inherent bias
".
"
In addition to withdrawing its participation in the current case, Kenya (...) has also joined many other members of the United Nations in withdrawing its recognition of the compulsory jurisdiction of the court,
" he said. he said last week.